IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47552 of 2005 1. DAROGA TIWARY 2. Bimalanand Prasad Versus STATE OF BIHAR & ANR ----------- 7. 29.04.2009 At the outset, it is submitted that petitioner no. 1 has been deceased. Let his name be struck off in the cause title and the application be declared infructuous with regard to him. Heard learned counsel for the petitioner and the State. No one appears on behalf of Opposite party no. 2, despite service of notice. Petitioner no. 2 is the Secretary of the Housing Cooperative Society facing prosecution in complaint case no. 3181(C) of 2004 under Sections 403, 406, 420 and 120B of the Penal Code pending before the Judicial Magistrate, First Class, Patna. It is submitted that the petitioner has, in fact, executed registered sale deed and possession of the lands have been handed over to the complainant. The complainant himself was not appearing in the complaint case in the court below. The offences are compoundable under Section 320 Cr.P.C. Whether it be the issue of the lands having been subsequently handed over to the complainant or the complainant not appearing before the court below, the petitioner has adequate remedies under the Code of Criminal Procedure with regard to the 2 compounding of offence and other remedies under the Code, if the complainant was himself not appearing to pursue the complaint case. The application is, therefore, disposed with an observation that if so advised the petitioner may pursue his remedy before the court below. The execution of sale deed and handing over possession are otherwise matters to be seen in the trial itself and, therefore, this Court finds it difficult to interfere with the exercise of power under Section 482 Cr.P.C. AKS/ (Navin Sinha, J.)