CRIMINAL MISCELLENEOUS No. 5756 OF 2002 ***** ( In the matter of application under Section 482 of the Code of Criminal Procedure ) ****** 1. KHEM KUMAR SARAWAGI, SON OF LATE NAGARMALL SARWAGI, RESIDENT OF VILLAGE DUMWALIYA, POLICE STATION BAGAHA, DISTRICT WEST CHAMPARAN …………………………………….. ……………………….....……..…...PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SUDHIR KUMAR SARAWAGI, SON OF LATE NAGARMALL SARAWAGI, RESIDENT OF VILLAGE BAGAHA, POLICE STATION BAGAHA, DISTRICT WEST CHAMPARAN ………………………………………………..……………… OPPOSITE PARTIES ******************** FOR THE PETITIONER :- MR. ARUN KUMAR, ADV. FOR THE S T A T E :- MR. MATLOOB RAB, A.P.P. FOR OP NO. 2 :- MR. M. D. K. TANDON, ADV. *********** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. This complaint has been filed alleging therein that the accused persons have filed the written statement in Title (Partition) Suit No. 30 of 1999 to which they have annexed the document which, according to the complainant, is a forged sale deed. 2. Whether the sale deed is forged or not, is a circumstance which would be decided by the Court which is in seisin of the title suit after considering the evidence or whatever material there is to consider. It 2 would not come within the scope of the Criminal Courts to decide the circumstances under which the sale deed was executed and to consider whether it was forged or not. 3. In the circumstances, I quash the complaint Case No. 710 (C) of 2001 pending before the Sub Divisional Judicial Magistrate, Bagaha, West Champaran with liberty to the complainant to take appropriate action on final decision of the suit. 4. In the result, this application is allowed. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 20th JANUARY, 2011 N.A.F.R./ANAND