IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51222 of 2006 1. YASHWANT KUMAR CHOUDHARY, son of late Ramashsray Prasad Choudhary 2. Vijaywant Kumar Choudhary 3. Balwant Kumar Choudhary 4. Samant Kumar Choudhary ALL SONS OF SRI YASHWANT KUMAR CHOUDHARY, RESIDENT OF MOHALLA RAMASHRAY NAGAR, P.S.DALSINGSARAI, DISTRICT-SAMASTIPUR, 5. RAM SHANKAR CHOUDHARY, SON OF RAM PUNIT CHOUDHARY, RESIDENT OF VILLAGE JALALPUR, P.S.-DALSINGSARAI, DISTRICT-SAMASTIPUR--------------------- ----------------------------------------------------------------------------PETITIONERS. Versus 1. STATE OF BIHAR 2. Shreemant Kumar Choudhary, son of late Ramashray Pd. Choudhary, resident of Ramashray Nagar, P.S.Dalsingsarai, district-Samastipur 3. Shri Hemant Kr. Choudhary, son of late Ramashray Pd. Choudhary 4. Shri Manuwant Kr. Choudhary, son of late Sheelwant Kr. Choudhary Both residents of Kewta Kothi of Ramashray Nagar, Town P.S-Dalsingsarai, Distt.-Samastipur---------------------------------------------------Opp. Parties. ----------- 4. 25.3.2009 Heard learned counsel for the petitioners and the State. The grievance of the complainant is about not giving of his shares from the property in question. That is countered by the petitioners on the point of being it a civil litigation only on the say that father’s authority was challenged when he was alive and the property in his possession has come to the rest of the survivors including the petitioners. If the complainant is entitled to his share and actually he is not being given then it is simply a case of civil liability while learned counsel for the parties conceded about pendency of arbitration proceeding making claim and counter-claim by the parties of the similar nature. It is further conceded that there is litigations in between the parties in nature of civil cases as well as criminal cases. Thus, in my view also, if one of the share is not being given to the complainant then only civil liability is made out causing no - 2 - criminal liability at all. So, cognizance taken in Dalsingsarai P.S. case no.181 of 2004 arising out of C.R. no.273 of 2000 passed by S.D.J.M., Dalsingsarai, Samastipur, is liable to be quashed. This petition is allowed. Accordingly, this application is disposed of. Sudip ( Mandhata Singh, J )