IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24069 of 2006 ABDUL LATIF Versus THE STATE OF BIHAR & ORS ----------- 9 20.4.2009 Heard learned counsel for the petitioner, learned counsel for opposite parties 2 and 3 as well as learned APP for the State. Petitioner wants quashing of order dated 2.4.2004 passed by Sri S.K. Mishra, Judicial Magistrate, 1st Class, Kishanganj in Case No. C-663 of 2002 by which the petition dated 30.1.2004 filed by the complainant for converting the case from summons case to warrant case and for summoning opposite no.3 for trial was dismissed. Contention of learned counsel for the petitioner is that there is identical material to show that an offence under section 420 of the Indian Penal Code has been committed and the opposite party no.3 must be dealt with under law. The Court has gone through the order dated 2.4.2004. Learned Judicial Magistrate, 1st class has categorically recorded that it is basically a civil dispute for possession over a piece of land. Petitioner had also invoked revisional power but learned Sessions Judge rejected his plea and the matter was sent back to learned Magistrate to pass an appropriate order. The Court is of considered opinion that the dispute in question is basically a civil dispute and even otherwise no illegality has been committed by the Magistrate in the order dated - 2 - 2.4.2004 which requires interference or correction in exercise of power under section 482 of the Cr. P.C. This application is dismissed. RPS (Ajay Kumar Tripathi,J.)