IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12953 of 2009 RAM BACHAN SHARMA @ RAM BACHAN PD.SHARMA S/O SRI NAWAL SHARMA, R/O MOHALLA-R.M.S. COLONY, P.S. KANKARBAGH, TOWN AND DISTRICT-PATNA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. MOST. KANTI DEVI, WIFE OF LATE ASHOK KUMAR SINGH. 3. JAI SHANKAR KUMAR ALIAS AMIT KUMAR, S/O LATE ASHOK KUMAR SINGH, OPP.PARTY NO.2 AND 3 ARE R/O MOHALLA- SHEIKHPURA, BRAHAMPUR, P.S. PHULWARISHARIEF AT PRESENT P.S. GAURICHAK, P.O. BHELAWAN, DISTRICT-PATNA. --OPP.PARTY 2 01.10.2010 Heard learned counsel for the petitioner 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 25.2.2009 passed by learned 10th Additional Sessions Judge, Patna, in Cr.Rev. no. 504 of 2008 setting aside order dated 30.5.2008 taking cognizance for the offence under Section 406 of the Indian Penal Code against opposite party no.2 and 3 in Complaint Case no. 1284 C of 2007 by the court below, that is, Sri K. Ram, Judicial Magistrate, first class, Patna. The petitioner had filed the complaint alleging that there was an agreement to sale of a particular piece of 2 land between the petitioner and one Ashok Kumar Singh respectively, husband and father of opposite parties no.2 and 3 some times in the year 1997 and money was advanced in terms of agreement and possession of the land in question was also given to the petitioner but inspite of initial assurance, on one or the other pretext, the sale deed in terms of agreement could not be executed and said Ashok Kumar Singh left the world. After lapse of much time the opposite parties refused to execute any deed giving rise to the complaint petition wherein court below, after enquiry, took cognizance but the order has been set aside by the Revisional Court. Considering the facts and circumstances and averments made in the complaint, finding the case entirely of a civil nature where the remedy to the petitioner, if any, is only for trying to get the agreement enforced by competent civil court nothing more. I find no reason to interfere with the order of the Revisional Court. Accordingly, this application stands dismissed at the stage of admission itself. (Akhilesh Chandra, J.) AAhmad 3