IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42309 of 2006 Shyamal Kishore Singh, Son of Late Raghunandan Prasad Singh, Resident of Dhuria Kalsan, P.S. Chausa, District Madhepura at the relevant posted as Sub Divisional Officer, Teghra, District Begusari, presently posted as Secretary to the Commissioner, Purnea Division. ------ Petitioner Versus 1. State of Bihar. 2. Vijyan Chandra Bhardwaj, Son of Naresh Chandra Rai, Resident of Village Dahia, P.S. Bhagwanpur, District Begusarai. --------- Opposite Parties ----------- 7 17.2.2010 Heard learned counsel for the petitioner and counsel for the opposite party no.2. All said and done, a bare reading of the complaint would go to show that there was a bonafide land dispute between the complainant on the one hand and the landless Mushar on the other and a title suit is also pending between the parties. In that view of the matter, if the petitioner, at that time posted as Sub- Divisional Officer, Teghra, in his official capacity had tried to interfere and even exceeded his power, the court below was not justified in taking cognizance against him unless there was a prior order of sanction. Admittedly, no such sanction was obtained and therefore, on this ground alone, the order taking cognizance will be held to be bad. 2 This Court must also hold that this order will not come in the way of the complainant opposite party no.2 in seeking sanction and if he produces valid order of sanction, the court below will again proceed and pass a fresh order against him in accordance with law. With the aforementioned observations, this application, so far it relates to the petitioner only, is hereby allowed. Rsh (Mihir Kumar Jha, J.)