IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22535 of 2001 BACHCHAN SAH Versus STATE OF BIHAR & ANR ----------- 6. 18.8.2010 Heard Shri Rajesh Ranjan, learned counsel for the petitioner and Smt. Pushpa Sinha, learned A.P.P. for the State. This petition is directed against the order dated 24.2.2000 passed in Complaint Case No. 310 of 2000 by which the learned Sub-divisional Judicial Magistrate, Raxaual at Motihari, took cognizance of the offences under Sections 420,467 and 468 of the Indian Penal Code and directed the summons to be issued against the petitioner and others for standing their trial. There is no dispute about the fact that the land was recorded in the joint names of Bhola Teli who was the father of the mother of the complainant and one Bagar Sah. The petitioner claims to be one of the descendants of the said Bagar Sah. The allegation is that the petitioner fraudulently created a deed in favour of accused Ram Narayan Raut and Ganesh Raut divesting the complainant of his title and created a wrong and false deed in favour of the above noted two accused persons. During course of hearing of the petition, a copy of the plaint of Title Suit No. 62 of 1999 was produced before me which goes to indicate that the full brother of the complainant, namely, Mahendra Sah who was the plaintiff in that title suit had not alleged that a false document was created for creating 2 false title in favour of another person, rather the allegation has been made that misleading Sachchan Sah who is the brother of the present petitioner brought into existence a false deed in respect of the homestead land over which the vendee did never come in possession. Considering this fact that it appears a case of civil dispute, the whole proceeding initiated by the impugned order is hereby quashed. The petition is allowed. Kanth ( Dharnidhar Jha, J.)