IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.800 of 2006 MD.SAHIBUL MIAN @ SABIBUL, Son of Md. Ismail, Resident of Mohalla Karim Chak, P.S. Chapra, District Saran. …….Petitioner Versus 1.THE STATE OF BIHAR 2.SRI RABINDRA NATH GUPTA @ SANJAY KUMAR, Son of Late Shradha Nand Gupta, Resident of Mohalla Sahebganj, P.S. Chapra Town, District Saran. ……..Opposite Parties For the Petitioner :- Mr. Jitendra Pandey, Advocate For the O.P. No. 2 :- Mr. Abbas Haider, Advocate For the State :- Mr. Damodar Pd. Tiwary, A.P.P. 07/- 26-11-2010 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 24.06.2002 passed by learned Chief Judicial Magistrate, Saran at Chapra in Complaint Case No. 905 of 2002 taking cognizance for the offence under Sections 461/379 of the Indian Penal Code. Earlier also the applicant had preferred Cr. Misc. No. 11257 of 2003 which stands dismissed with liberty vide order dated 21.09.2005, subsequently in view of the liberty granted instant application was preferred. Admittedly, with respect to subject matter of the proceeding suit for partition was filed in the year 1966 in the Court of Sub-Judge, Chapra and matter at the time of filing of the complaint was pending before this Court in first appeal. - 2 - After some arguments, learned members of the Bar are in agreement that controversy in this case is of civil nature and ultimately decision arrived at in the civil proceeding shall be finally effective and operative. The learned members are in agreement that further proceeding of the court below in the instant complaint case shall be nothing, but abuse of process of law and sheer wastage of precious judicial time. In that view of the matter the further proceeding of the court below in Complaint Case No. 905 of 2002 is hereby quashed, subject to result of civil dispute which finds mentioned in the complaint petition, accordingly, this application stands disposed of. Praveen (Akhilesh Chandra, J.)