IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.11862 OF 2003 URMILA DEVI, WIFE OF SHRI RAJESH KUMAR, RESIDENT OF VILLAGE BISHUNPUR PANDOOI, POLICE STATION AND DISTRICT JEHANABAD VERSUS 1. THE STATE OF BIHAR 2. SMT. BHAGYAVATI SINGH, WIFE OF LATE THAKUR GIRIJA NANDAN SINGH, RESIDENT OF MOHALLA COURT AREA, JEHANABAD, POLICE STATION AND DISTRICT JEHANABAD ******** FOR THE PETITIONER :- MR. MURARI PD. SINHA, ADVOCATE FOR O.P. NO. 2 :- NONE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ******* 10 26/04/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of Opposite Party No. 2 to oppose the prayer made in this application. The petitioner along with four other persons purchased a plot of land appertaining to plot no. 809, khata no. 191 through five sale deeds executed by one Yogendra Yadav. The complainant alleges that the said lands belong to her husband who had purchased these lands from one Janaki Gope in the year 1959. Title Suit No. 48 of 1998 has been filed by one of the co-purchasers of the petitioner in which the petitioner has filed an application under order 1 rule 11 to be added as party. The said application has been allowed, and as such, the entire land is now the subject matter of a decision of the Civil Court. 2 Counsel for the petitioner, on the basis of the aforesaid facts, submits that no case is made out under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code as the petitioner has purchased the lands from the person who is the title holder and the fact as to who is the rightful owner of the lands in question would be decided in the civil suit. The criminal Court cannot decide that either Yogendra Yadav or Janaki Gope are the bonafide land holders and that either one of them was entitled to sell the lands. This fact can only be conclusively decided by the Civil Court and as such, at this stage, no case can be proved or made out under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. Accordingly, the order dated 19.08.2002 passed by the Chief Judicial Magistrate, Jehanabad in Jehanabad Police Station Case No. 482 of 2000 is hereby quashed. The complainant would be at liberty to take appropriate steps after the decision of the suit in the civil proceedings. In the result, this application is allowed. Anand ( Sheema Ali Khan, J. )