IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20068 of 2008 1. AMARNATH CHOUBEY 2. PARASNATH CHOUBEY 3. SADANANT CHOUBEY, ALL SONS OF LATE RAM VYAS CHOUBEY 4. PARVATI DEVI WIFE OF AMARNATH CHOUBEY 5. VIMLA DEVI WIFE OF PARASNATH CHOUBEY 6. RAMABATI DEVI 7. GEETA DEVI, BOTH WIFE OF SADANAND CHOUBEY 8. DHARMATMA SINGH SON OF LATE DWARIKA SINGH, ALL RESIDENT OF VILLAGE MUJAN P.S. MOHANIA, DISTRICT- KAIMUR (BHABUA) 9. JITENDRA SINGH WIFE OF JAI RAM SINGH, RESIDENT OF VILLAGE SEMARIA, P.S. MOHANIA, DISTRICT- KAIMUR (BHABUA) 10. BANARSI DEVI WIFE OF NAND KUMAR UPADHYAY, RESIDENT OF VILLAGE AMOUWA P.S. DILDARNAGAR, DISTRICT- GAJIPUR, U.P. Versus 1. THE STATE OF BIHAR 2. JWALA CHOUBEY SON OF LATE RAMAYAN CHOUBEY, RESIDENT OF VILLAGE MUJAN, P.S. MOHANIA, DISTRICT- KAIMUR (BHABUA) ********** 2 02.05.2011 Heard learned counsels for the petitioner and the State. Petitioners through this application have assailed the order dated 28th April, 2008 passed in Criminal Revision No. 208 of 2007 by the Additional District & Sessions Judge, F.T.C.-I, Kaimur (Bhabua) whereby the order dated 11th September, 2007 dismissing the Complaint No. 880 (C ) of 2007, was set aside and the matter was remanded back to proceed in accordance with law considering the materials/evidence available on the record. Learned counsel for the petitioner submits that the allegations made in the complaint are absolutely false as with respect to the matter a civil suit is pending between the parties. Learned counsel for the State, on the other hand, supports the order and submits that the allegation made in the complaint is to the effect that the Sale Deed in question was got executed by impersonating the Executant and instead of the original Executant someone else had executed the same and admitted the execution. Considering the submissions of the parties, the truthfulness or otherwise of the allegations made in the complaint could not be a ground for quashing the complaint or the first information report. In this view of the matter, I do not find any merit in this application and the same accordingly stands dismissed. Manish/- ( Shailesh Kumar Sinha,J.)