IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45634 of 2007 BASUDEO PRASAD MASKARA @ BASDEO MASKARA & ORS Versus STATE OF BIHAR & ANR ----------- 5 20.5.2010 Heard counsel for the petitioners and the State. The petitioners pray for quashing the entire proceedings of Complaint Case No.1715 of 2006, including the order dated 10.5.2007 taking cognizance against the petitioenrs passed by the Chief Judicial Magistrate, Motihari for offences under sections 467, 468, 420 and 120B of the Penal Code. The complainant states that the petitioners sold land to him in the year 1987. Now he complains after 20 years that that some people have raised wall through the middle of the plot. The petitioners submit that Opposite party no.2 has sold the same land to one Ram Krishna Kumar by a registered sale deed dated 4.7.2007, contained in Annexure-4. In the sale deed he states that he has complete right and title over the entire land sold to him by petitioners. The aforesaid fact shows that the allegation in the complaint is not true and in any view of the matter, the same would form a civil dispute. It appears that the instant complaint has been filed in respect of a plot which was sold to Opposite party about 20 years back. The dispute is of a civil nature. In spite of notice, no one has appeared for the Opposite party no.2. In the circumstances, the impugned order dated 2 KHAN 10.5.2007 taking cognizance under sections 467, 468, 420 and 120B of the Penal Code is set aside. However, quashing of the impugned order taking cognizance would not come in the way of Opposite party no.2 to pursue any other remedy available to him under the law. In the result, this application is allowed. (S.P.Singh,J)