IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.2 of 2011 KESHAV NARAIN, son of Late Siya Ram, resident of Gardanibagh, New Damaria, P.S. Gardanibagh, Patna, District-Patna. ---Petitioner Versus 1. THE STATE OF BIHAR. 2. The Director General of Police, Bihar, Patna. 3. The Senior Superintendent of Police, Patna. 4. The Accountant General, Bihar, Patna. 5. Sheo Mangal Singh, son of Late Ramdeo Thakur, resident of Village Govindpur, P.O. & P.S. Phulwarisharif, District-Patna. ---Respondents ----------- 2. 28.3.2011 Heard learned counsel for the petitioner and the State. In sum and substance, the submission of the petitioner is that respondent no.5 on arriving at an agreement for sale refused to execute the sale deed of the land in question in his favour and for which the petitioner filed a suit for specific performance of contract vide Title Suit No.280 of 2004 pending in the court of Subordinate Judge-I, Patna. However, before filing of the civil suit, the petitioner had filed a complaint on account of this offence committed by the respondent no.5 in cheating the petitioner, vide Compaint Case No.1770 of 2004, in the court of the Chief Judicial Magistrate, Patna. In the said complaint, respondent no.5 is not appearing despite issuance of warrant of arrest. Learned counsel appearing for the State submits that in the complaint case, necessary action has been taken. Notwithstanding the above, civil suit is also pending with regard to the subject-matter of the dispute In this view of the matter, I am not inclined to interfere - 2 - with the matter. However, it will be open for the petitioner to take any appropriate steps available to him under the Code of Criminal Procedure for the grievance as highlighted in this writ application. The writ application stands disposed of. PNM (Shailesh Kumar Sinha, J.)