IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8966 OF 2008 ATMA SINGH, SON OF LATE KAMLA SINGH @ AMAR SINGH, RESIDENT OF VILLAGE CHITAMANPUR BABU TOLA, POLICE STATION PIPRA, DISTRICT MOTIHARI EAST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. ABHI NANDAN KUMAR, SON OF RAM PADARATH SINGH 3. RAMPADARATH SINGH, SON OF RAM VISHNU SINGH 2 AND 3 ARE RESIDENT OF VILLAG ECHITMANPUR BABUTOLA, POLICE STATION PIPRA, DISTRICT EAST CHAMPARAN AT MOTIHARI 4. ARBIND KUMAR PANDEY, SON OF NOT KNOWN, RESIDENT OF VILLAGE KUSHAR, POLICE STATION TURKAULIA, DISTRICT EAST CHAMPARAN, MOTIHARI ………………………………………………………………………..OPPOSITE PARTIES ******* 2 19/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 26.02.2007 passed by the Chief Judicial Magistrate, East Champaran in Complaint Case No. 1056 of 2006 by which he has dismissed the complaint petition and the order dated 25.09.2007 passed by the Sessions Judge, Motihari, East Champaran in Criminal Revision No. 124 of 2007 by which he has dismissed the revision filed against the order dated 26.02.2007. On considering the orders of the Chief Judicial Magistrate and the Sessions Judge, Motihari, I find that cogent reasons have been given for dismissing the complaint petition. The allegations are that the complainant’s thumb impression was taken on a document which was 2 converted into a sale deed after the complainant was intoxicated by the accused persons. The complainant only learnt about the sale deed when he heard rumours in the village regarding this document. The complaint petition, the statement of the complainant on S.A. and the evidence of other witnesses show that the complainant admits his thumb impression on the document. In view of this fact, the Courts have held that the case is of civil nature as everything is admitted. The sale deed can only be set aside by the competent civil Court. Besides which, the complaint petition has been filed after a delay. I do not find any reason to defer with the orders impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)