RAJA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioner and the counsel appearing for the O.P. No. 2 (complainant).

(2.) Petitioner is named as accused in complaint case No. 280/03, trial No. 1042/03. The complaint petition was filed with the allegation that the land of khata No. 82, plot No. 10 measuring 12.5 decimals were gifted to the complainant by cousin mother-in-law through Gift Deed No. 8705 dated 24.6.1994. That land has been transferred by the petitioner's father-in-law in favour of other accused persons though the accused persons had full knowledge regarding the title and possession of the complainant over the disputed land. After inquiry under Section 202, Cr PC the complaint petition was dismissed under Section 204 of the Cr PC by order dated 26.5.2003 passed by Judicial Magistrate. Ist Class, Aurangabad. Against this order, the O.P. preferred Cr. Revision No. 69 of 2003/08 of 2004 which was allowed by order dated 22.9.2004 and the Magistrate was directed to proceed with the complaint case.

(3.) Counsel appearing for the petitioner submits that the complaint petition was dismissed with a finding that the material which has been brought in the record makes out a case but and out of a civil dispute and cognizance cannot be taken in a criminal proceeding.