IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17553 of 2007 1. RADHIKA DEVI , W/0- Sri Shambhu Sharan Singh 2. Shambhu Sharan Singh, son of Mangalcharan Singh @ Tikadhar Singh, Both of residents of village Khairadih, P.S.Kinzer, District-Arwal. 3. Lachiya Devi, Wife of Sri Goverdhan Singh, Resident of village-Mahdapura, P.S. Parasbigha, District-Jehanabad. ……………….. Petitioners. Versus 1. THE STATE OF BIHAR 2. Mahangi Kuar, wife of Late Bhola Singh, Resident of village-Khairadih, P.S.Kinzer, District-Arwal. ……………………. Opposite Parties ----------- For the petitioner :- Sheel Bhadra Jha, Ashok Kumar For the State :- Mr. M. Jha, A.P.P. For O.P.No.2 :- Vijay Mistry 5 06.05.2009 Heard learned counsel for the petitioners and learned counsel for O.P.No.2. Vide order dated 20.9.2006 passed by Sri S. Pandey, Ist Class Judicial Magistrate, Jehanabad, cognizance has been taken against the petitioners for the offences under Sections 419, 120(B), 420, 465, 467/34 of the Indian Penal Code in a Complaint Case No. 172 of 2006. The allegation made in the complaint filed on behalf of the daughter of O.P.No.2 is that the accused persons specially petitioner No.2, with a conspiracy got the land of Mahangi Kuar(mother of O.P.No.2) registered in favour 2 of the petitioner No.2. It is alleged in the complaint that since the said Mahagani Kuar is an old widow therefore the complaint is filed on behalf of Sushma Devi. Learned counsel for the petitioners has categorically stated that the sale deed in question executed by O.P.No.2 on 25.7.2005 became a subject matter of title Suit No. 149 of 2005 in which the present petitioners have been made defendants. Now with a ulterior motive the daughter has been pushed up to file a present complaint for the same dispute only for harassing the petitioners which is an abuse of the process of the Court. Learned counsel representing O.P.No.2 does not deny the statement made in paragraph No.2 with regard to the filing of the Title Suit seeking declaration and annulment of the same sale deed. If that be so, this case has to be decided within the jurisdiction of the Civil Court which has already been set in motion. Prosecution of these petitioners in the complaint is an abuse of the process of the Court. Accordingly, this application is allowed and the order taking cognizance dated 3 20.9.2006 passed in Complaint Case No. 172 of 2006 by the Judicial Magistrate Ist Class, Jehanabad stand quashed. The application is allowed. Bibhash (Ajay Kumar Tripathi, J.)