IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26088 of 2005 1. BANKA GIRI son of Late Baburan Giri 2. Birendra Giri S/o Banka Giri 3. Prabhu Giri S/o Banka Giri 4. Jitendra Giri S/o Banka Giri All resident of Village Sahapur, P.S. Gopalganj, District Gopalganj. . . . . . . Petitioners Versus 1. THE STATE OF BIHAR 2. Rakesh Giri S/ o Sri Rajendra Giri, Resident of Maphigujao, P.S. Katheya, District- Gopalganj. . . . Opposite parties. For the Petitioners : M/s Rajesh Kumar Singh, Anil Kumar Sinha, Advocates For the State :Mr. Jharkhand KUpadhyay, A.P.P. For the Opp. Party No.2 : Mr. Md. Sufiyan, Advocate ----------- 6/ 11.02.2010 Heard. The petitioners pray for quashing the order dated 20.09.2004, whereby Judicial Magistrate, Gopalganj took cognizance of the offence under Sections 420, 465, 468 and 120 B of the Indian Penal Code. The petitioners state that the land in question was gifted to them by one Shankar Giri. The petitioners submit that the informant is claiming the land, as they purchased the land from one Shanti Devi, daughter of aforesaid Shankar Giri in the year 1999. The petitioners have also filed a Title Suit bearing no.573 of 2003 for declaration of title on the aforesaid land. Copy of plaint of title suit no. 573 of 2003 is annexed as Annexure-3. On these premises, the petitioners submit that dispute is a civil one and as such this criminal prosecution is bad in law. Counsel for the opposite party no.-2 submits that the land has been shown by one Shanti Devi, daughter of Shankar Giri in favour of informant, his brother and Bhabhi in the year 1999. He - 2 - further submits that at one place the accused state that the gift deed is oral and at another place state that the gift is a written one. Having heard the counsel for the parties, this application is disposed of with liberty to the petitioners to raise all these points at the time of framing of charge including one of being a civil dispute. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh,J)