IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9476 of 2009 TRILOKI NATH PANDEY SON OF LATE HRIDYA NAND PANDEY, RESIDENT OF VILLAGE BANDU, POST DARA NAGAR, P.S. NAUHATTA, DISTRICT ROHTAS …… PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAVINDRA NATH PANDEY 3. PARAS NATH PANDEY 4. ASHOK KUMAR PANDEY, ALL SONS OF RADHA KRISHNA PANDEY, ALL RESIDENT OF VILLAGE BANDU, POST DARA NAGAR, P.S. NAUHATTA, DISTRICT ROHTAS 5. NITESH KUMAR PANDEY SON OF PARAS NATH PANDEY, RESIDENT OF VILLAGE BANDU, POST DARA NAGAR, P.S. NAUHATTA, DISTRICT ROHTAS 6. MANUWAR KHAN SON OF LATE SAMSUDDIN KHAN, RESIDENT OF VILLAGE NAWADIH, P.S. NAUHATTA, DISTRICT ROHTAS …… OPPOSITE PARTIES. ----------- 2. 8.9.2010 The petitioner is aggrieved by the order dated 30.5.2008 of the Judicial Magistrate, Ist class, Sasaram at Rohtas in Complaint case No.1021 of 2007, by which he has dismissed the complaint of the petitioner u/s.203 Cr.P.C. and also aggrieved by the order dated 23.7.2008 passed by the Sessions Judge, Rohtas, by which he has affirmed the order vide Criminal Revision No.122 of 2008. It has been submitted that the petitioner had filed a complaint with regard to a sale deed having been executed by the opposite parties 2 to 5 in favour of the opposite party no.6 by two sale deeds dated 11.6.2004. In the complaint petition it has been stated that in December, 2006 while the complainant was on his lands, the opposite party no.5 came upon the lands and stopped him stating therein that the land belonged to him. Thereafter the present complaint was filed - 2 - eight months later on 2.8.2007. On the very next day a Title suit was filed for declaring the sale deeds void. The complaint was dismissed on the ground that in fact it appeared to be a case of civil dispute between the parties and the revisional order also confirmed the same. This court is clearly of the view that from the facts of the case, it appears that the issue both in the present case as well as Title suit is one and the same and since the petitioner has already taken recourse to a Title suit for the same cause of action, the present complaint is totally redundant. In view of such, this application is dismissed. Narendra/ ( Anjana Prakash, J. )