IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25537 of 2008 1. Sadanand Modi 2. Nibha Modi 3. Jagdish Prasad Mandal 4. Dhirendra Sarkar -------------------------------- Petitioners Versus 1. The State Of Bihar 2. Ashok Kumar Modi ----------------------- Opposite Parties ------ 4 30-11-2011 This is an application for quashing the order of cognizance dated 15.12.2007 passed in Complaint Case No. 1547/07 by Sri N. Prasad, Judicial Magistrate, 1st Class, Katihar and also subsequent proceeding thereto by which it has taken cognizance for the offences under sections 420, 468, 467, 471 and 120B of the Indian Penal Code against petitioners. Heard counsel for the parties. Execution of sale deed dated 24.4.2007 in favour of petitioner no.2 by petitioner no.1 has been made a ground for their accusation including petitioner nos. 3 and 4 being witness to the deed on the ground that 13 dhurs of said land of khata no. 179, plot no. 279 ‘KA’ ‘GA’ was gifted to complainant’s wife by petitioner no.1. The submission of learned counsel for the petitioners is that even no civil liability 2 can be fixed against any of petitioners what about the criminal liability as area of the above plot is larger than the area transferred through gift deeds dated 23.8.96 and 24.8.96 and sale deed dated 24.4.2007. Copy of gift deeds are annexed in the case clearly mentions the area for the land for which gift deeds are executed, that is part of the total area and in north and east of the boundary land of gift deed land of executant of the gift is mentioned. So, I find no mistake or wrong committed by petitioner no.1 in execution of sale deed in favour of petitioner no.2. Therefore, there can be no criminal liability for which cognizance can be taken. Accordingly, this application is allowed and the order of cognizance dated 15.12.2007 passed in Complaint Case No. 1547/07 by Judicial Magistrate, 1st Class, Katihar including criminal proceeding is hereby quashed. AI ( Mandhata Singh, J.)