IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54290 of 2006 NAVENDU KUMAR THAKUR @ NAVEEN KUMAR THAKUR, Son of Tejendu kumar Thakur,resident of Y-10 Ashinana Nagar, P.S.-Shastri Nagar, Dist.-Patna. Versus 1. STATE OF BIHAR 2. Rajesh kumar, son of Ram Nandan Prasad, R/o 268, Patliputra Colony, P.S.- Patliputra,Dist.-Patna. For the petitioner: Mr.Sandeep Kumar, Advocate. For O.P.No.2 : M/s.Krishna Pd.Singh (Senior Advocate) & Ajay Kumar Singh, Advocate For the State : Mr.Upendra Kumar,APP ----------- 08/ 26-03-2009 Heard learned counsel for the parties. This application has been filed for quashing of order dated 13.07.2006 passed by Shri S.K.Mishra, Judicial Magistrate, Ist Class, Patna, by which charges have been framed under Sections 147, 149, 447, 427, 384 and 386 of the Indian Penal Code against the accused-petitioner in Patliputra P.S.Case No.58/2003. Accusation against this petitioner is that he along with 30- 40 persons entered into the informant’s courtyard and started to demolish the boundary wall and on objection threatening was given by means of revolver and Danda. Submission of the learned counsel for the petitioner is that petitioner is the real owner of the land, over which he came in possession through a registered partition held in between him and his brother. His brother sold his share’s land, while this land was also sold 2 by him in favour of opposite party no.2 and naturally he opposed coming in possession of opposite party no.2. Title suit was also filed. Learned counsel for the opposite party no.2 appeared and submited that two cases have been filed on behalf of the petitioner, while another case has been filed on behalf of the petitioner’s brother against him(petitioner), which are pending in different courts. This goes to show that ownership of either of the parties is disputed. A title suit is already there in between the parties to decide. If accusation is false, then Sections 182 and 211 of the Indian Penal Code are there to compensate the petitioner, otherwise several litigations are pending in between the parties. Accordingly this application is disposed of. AH/ ( Mandhata Singh, J. )