IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40045 of 2007 PRADIP SINGH SON OF SRI HARIHAR SINGH, R/O VILLAGE- AND POST OFFICE- BARIARPUR, P.S.- SITAMARHI, DISTRICT- SITAMARHI Versus 1. STATE OF BIHAR 2. SRI INDAL SINGH NAVIN EX- INCHARGE PRINCIPAL, R.K.P.L.D. KISHAN COLLEGE, BARIARPUR, SITAMARHI 3. KAUSHAL KISHORE SINGH EX-PRINCIPAL MANAGING COMMITTEE, PRESENTLY INCHARGE PRINCIPAL R.K.P.L.D. KISHAN COLLEGE, BARIARPUR, SITAMARHI 4. SMT. INDU KUMARI W/O PROFESSOR INDAL SINGH NAVIN, R/O VILLAGE AND P.O.- BARIARPUR, P.S. & DISTRICT- SITAMARHI 5. KAMLESH KUMAR S/O SHRI RAJENDRA SINGH, R/O VILL-& P.O. BARIARPUR, P.S. & DISTRICT- SITAMARHI 6. KRISHNA KUMAR MAHAN, S/O SHRI RAJENDRA SINGH R/O VILL & P.O.- BARIYARPUR, P.S. & DISTRICT- SITAMARHI, PRESENTLY R/O VILL- NONAHI, P.O. & P.S. PARIHAR, DISTRICT- SITAMARHI 7. SMT. SITA RANJAN W/O RAMPRIT SINGH, R/O VILL & P.O. BARIARPUR, P.S. & DISTRICT- SITAMARHI 8. RAM CHANDRA SINGH S/O LATE RAMRUP SINGH, R/O VILL- BARIARPUR GOT, P.O. BARIARPUR, P.S. & DISTRICT- SITAMARHI 5 26/03/2010 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the opposite party nos. 2 to 8 and learned APP for the State. The petitioner is aggrieved from the order dated 31.5.2007 passed by the learned Additional Sessions Judge, F.T.C. No. 1 in Cr. Revision No. 130 of 2006 whereby he has set aside the order dated 28.4.2006 passed by the learned Judicial Magistrate Ist Class in Complaint Case No. 855 of 2005/ Trial No. 1728 of 2007 by which cognizance was taken against O.P. No. 2 to 8 under Sections 420, 467, 468, 471 and 120 B of the - 2 - Indian Penal Code. The petitioner has filed a complaint case before the learned Chief Judicial Magistrate against 20 persons alleging therein that while Kishan College, Bariarpur, Sitamarhi was established then at that time lands have been acquired for the construction of building. The road was not connected in Sitamarhi Sursand Road and the intervening land belonged to late Budhan Bhagat. The said land was denoted by him for the college through the registered agreement dated 19.9.1976 with respect to 30 decimals of land in the name of Governor of Bihar. That land has come to his share vide decree dated 3.1.1967 passed in partition suit No. 47 of 1967. The allegation was that the accused persons conspired themselves and got the sale deed executed with respect to the land from Ram Chandra Singh son of late Ramrup Bhagat a Gotia of late Budhan Bhagat posing themselves to be the title holder. The allegation was that all the accused persons have committed criminal breach of trust. The facts of the case does not constitute any criminal offence rather the matters relates to basically civil dispute which should have been taken to the Civil Court in stead of criminal court. The revisional Court has considered the various aspects of the matter and came to - 3 - the finding that the order of the learned Judicial Magistrate is correct. I agree with the view taken by the revisional Court and hold that this application has no merit. In the result this application is dismissed. However, the petitioner is at liberty to approach before the Civil Court for redressal of his grievance. avin (Shyam Kishore Sharma, J.)