IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18712 of 2003 RAM KRIPAL JHA & ORS Versus STATE OF BIHAR & ANR For the petitioners: Dr.Amrendra Kumar No.1 For the State: Shri Dashrath Mehta, A.P.P. ----------- 4. 3.9.2010 Heard. The summoning order dated 19.6.2003 passed in Complaint Case No. 643C of 2003 by the Judicial Magistrate, Ist Class, Begusarai, is under challenge in the present petition. Some facts are admitted that the present set of petitioners claimed land which is described in complaint petition at its page 4 through a deed of sale. The complainant stated that the said deed of sale dated 8.6.1990 was declared null and void by Sub-Judge-6, Begusarai, in Title Suit No. 116 of 1997. The contention of the petitioners is that they could know about the above decree of the learned Sub-Judge-6, Begusarai only when this fact was stated in a proceeding under Section 144 Cr. P.C. and, thereafter, they have filed a Misc. Judicial case for setting aside the judgment and decree as that was passed behind their back by forging and fabricating their signature on Vakalatnama and compromise petition, As such, they have sought the compromise decree to be set aside and the suit to be heard. That Misc. petition is pending. It was contended that the petitioners also lay their bona fide claim over the land in dispute through their deed of purchase which is admitted and as regards the decree of the civil court, that could 2 not be said to be passed on merits after considering t he stands of the contending parties. The law is well settled that if any person goes over any property under bona fide belief that he has a right to go over it and further if some one removes the standing crops under the said belief then it could hardly be an offence forming an unlawful assembly as there could not be any common object of that assembly with dishonest intention to commit the offence and the offences under Sections 379 and 342 I.P.C. may not be made out. Considering the law, the whole prosecution of the petitioners is quashed by allowing the present petition. Kanth ( Dharnidhar Jha, J.)