Criminal Miscellanious No.11661 OF 2007 ( In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** LAUNGI DEVI, W/o Ram Sagar Rajak, R/o Village-Pathroura, P.S.-Noorsarai, District-Nalanda, at present Q.No.53, Thakurbari Path, Govind Nagar (Oliyan Kadma) District- Jamshedpur. Versus 1. THE STATE OF BIHAR 2. Bansi Rajak S/o Late Sukhlal Rajak R/o Village-Belaua (Nalanda), P.O.-Nahub, P.S.-Rajgir, District-Nalanda For the Petitioner:- Mr. Anil Chandra, Advocate. For the State:- Mr. Jharkhandi Upadhaya, Advocate. ********* P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN ********* Sheema Ali Khan, J. Despite several notices no body appears on behalf of the opposite party no. 2. 2. The petitioner is the niece of the complainant. The complainant and the petitioner’s father purchased certain lands of Plot Nos. 160, 207, 205, 714, 732 and 200. The uncle has filed a case alleging that the lands purchased by his personal income. Therefore, the petitioner had no locus to sell the lands in question. 3. The question as is who is the owner of the land and the shares of parties can only be decided in a partition suit. The complainant had first to prove that the lands have been allocated to his share and that he has purchased the lands out of 2 his personal income and it is not a joint family property of Sukhlal Rajak grandfather of the petitioner and father of opposite party no. 2. These facts can only be ascertained in a civil proceeding. This Court finds that the offences alleged are not made out against the petitioner in view of the discussions above. 4. In the result, this application is allowed, the order taking cognizance dated 27.12.2005 in Complaint Case No. 691C/2005 pending in the Court of S.D.J.D. Nalanda at Biharsharif is quashed. Patna High Court Dated 13th of May, 2011 Anand Kr./NAFR ( Sheema Ali Khan, J.)