IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.983 of 2006 JAI CHAND PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 4 1.9.2008 This revision application has been filed against the order dated 28.8.2006 passed by Sri Rakesh Malviya, Judicial Magistrate, 1st Class, Katihar in Complaint Case No.938/05 thereby he has dismissed the complaint lodged by the petitioner under Section203 of the Code of Criminal Procedure. The petitioner lodged aforesaid complaint case before the Chief Judicial Magistrate, Katihar against opposite parties for their prosecution under Sections 205, 120B, 420, 192 and 471 of the Indian Penal Code. The allegation contained in complaint petition, inter alia, is that earlier in the year 1994 the opposite parties filed a mutation case bearing Mutation Case No. 428 of 1994-95 for mutation of their names in respect of M.S. plot Nos.251K, 265 Kh, 250 Kh, and 250 which was rejected vide order dated 15.10.1994 in respect of plot no.251K and 426 Kh. Later on, they filed Mutation Case No. 1526/96- 97 in respect of aforesaid two plots and by suppressing the above facts obtained false report from Halka Karmchari and got their names mutated by committing fraud and forgery upon the complainant. The learned court below dismissed the complaint only on the ground that it is purely a civil dispute and the order of mutation has also been set aside and the title suit is pending between the parties. Heard learned counsel for the parties. - 2 - Learned counsel for the petitioner submitted that the order of lower court is wrong both in law as well as on facts. He has wrongly dismissed the complaint by scrutinizing the evidence like holding a mini trial. At the stage of inquiry the learned Magistrate has only to see as to whether a prima facie case is made out or not. For that he has relied upon decisions reported in 1980 Supreme Court 1780 and 2001 Supreme Court 2960. On the other hand, learned counsel for opposite parties submitted that there is no illegality in the impugned order. The case is based on document and admitted facts. The oral evidence has got no much value. The facts itself would go to show that the dispute is purely of civil nature. The title suit is also pending between the parties. The complaint was filed to wreak vengeance and with oblique and bad motive. From the facts mentioned above, I have no doubt that the matter in dispute does not constitute any penal offence. The learned Magistrate has rightly dismissed the complaint petition. The complainant has already got relief in appeal. The suit is also pending between the parties. The decisions cited above have no application in the facts of this case. The oral evidence is not of much significance. The admitted facts itself are sufficient to decide the matter. Filing criminal case in such matter is abuse of process of the court. This revision application is accordingly dismissed. B.Jha (Ghanshyam Prasad) - 3 -