YOGENDRA MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, Opposite Party No. 2 and the State.

(2.) THE petitioner seeks quashing of the order dated 26.06.2010, passed by the learned Chief Judicial Magistrate, Saran at Chapra in Chapra Mufassil P.S. Case No. 41 of 2010 whereby cognizance has been taken under Sections 447, 427, 466, 468, 471 and 420/34 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioner submits that a civil dispute has unnecessarily been given a colour of criminal case. He further submits that the informant has only entered into an agreement with Chandrashekhar Prasad. Chandrashekhar Prasad is contesting the title suit preferred on behalf of the petitioner regarding declaration of title and delivery of possession. The title suit, which was filed on behalf of the petitioner, was dismissed by the court of the learned Munsif on the ground of the same having been hit by res judicata. This was because earlier a redemption suit was filed by the mortgager of the property. In the aforesaid proceedings, the father of the petitioner made a disclosure that there was an oral transfer of the said property in his favour. The mortgage suit was allowed. The parties litigated over such findings of the court below till the Apex Court and finally lost the matter.