IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49938 of 2006 SHAMBHU PRASAD GUPTA,son of Janak Prasad,Mohalla-Ujjain Tola,Bettiah Town, P.S.-Bettiah Town,Dist.-West Champaran. Versus 1. STATE OF BIHAR 2. Junior Engineer,District Board, Bettiah,District-West Champaran. ----------- 10/ 25-03-2009 Heard learned counsel for the petitioner and the State. For encroachment over plot no.7731, a criminal case being Bettiah Town P.S.Case No.151/05 is said to have been lodged, charge sheet submitted and cognizance also was taken. But the submission of the learned counsel for the petitioner is that for encroachment over the same plot i.e. 7731, earlier reported case was lodged and after the cognizance, this petitioner approached the High Court by filing Cr.Misc.No.50086 of 2006 and an order of cognizance in that case was quashed by pronouncing an order on 08.12.2006. In my view also, once the criminal liability for construction over a piece of land assuming the same as encroachment is not accepted by the Court, there appears no justification to accept to continue the prosecution basing the second report. Under the circumstances, this application is allowed and cognizance order dated 09.1.2006 passed by the Chief Judicial Magistrate, Bettiah in Bettiah Town P.S.Case No.151 of 2005 is hereby quashed. AH/ ( Mandhata Singh, J. )