CRIMINAL MISCELLANIOUS No.13401 OF 2005 In the matter of an application under section 482 of the Code of Criminal Procedure. 1. DR.PRAKASH CHANDRA PANDEY, SON OF SRI BOCHA PANDEY. 2. DR. PRABHA PANDEY, WIFE OF DR. PRAKASH CHANDRA PANDEY. BOTH ARE RESIDENT OF TELKATHU, P.O. TELKATHU, DISTRICT SIWAN, AT PRESENT RESIDING IN FLAT NO. 301 OF DURGA APARTMENT, MAHESH NAGAR (OFF BORING ROAD), NEAR RAJDHANI APARTMENT, P.S. S.K. PURI, TOWN AND DISTRICT PATNA. ---------------------------------------------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. KRISHNADEONARAIN SINGH @ K.D.N. SINGH, 114B, ASHOKA PLACE EXHIBITION ROAD, P.S. GANDHI MAIDAN, DISTRICT PATNA. -------------------------------------------------------------------------------------- OPPOSITE PARTIES For the petitioners :- Mr. Shivaji Pandey, Advocate For the State :- Ms. Renu Kumari, A.P.P. For O.P. No. 2 :- Mr. Lovekush Kumar, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. The petitioners have challenged the order dated 3.8.2004 taking cognizance under Sections 420 and 120B of the Indian Penal Code on the ground that the offences alleged in the complaint petition amount to a civil dispute. It is submitted that there is dispute between the builder who is the complainant with respect to payment of the entire amount of construction for the flat. The complainant on the other hand has alleged that the petitioners paid full payment, took the key of the flat to perform ‘Puja’ but surreptitiously remained in the flat. It is also alleged that the 2 petitioners have only made part payment and, therefore, he comes within the purview of Sections 420 and 120B of the Indian Penal Code. 2. This Court can only consider whether the prima facie offences under Section 420 are made out against the petitioners. I find that there is no reason to interfere by quashing the order of cognizance and the complaint petition at this stage. 3. This application is dismissed. Patna High Court, The 24th of February, 2011 N.A.F.R./Sanjay ( Sheema Ali Khan, J.)