LILAWATI KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under section 482 Cr.P.C. has been filed to quash the order of cognizance dated 7.10.2006 passed by S.D.J.M., Bikramganj in Karakat P.S. Case No. 143 of 2004, which is now pending in the court of Ramayan Ram, Judicial Magistrate 1st Class, Bikramganj thereby and thereunder the court below has taken cognizance under Section 406 I.P.C. against the petitioner.

(3.) CONSIDERED the submission of the learned counsel for the petitioner and also the allegation contained in paragraph 6 of the complaint petition. It appears that the allegation comes purely in the nature of civil dispute. There is no ingredient of any criminal offence. This case has apparently been filed to harass the petitioner with ulterior motive. The complainant ought to have approached the Civil Court for redressal of his grievance. The criminal forum is not appropriate forum to settle the dispute of civil nature. This is a misuse of process of the court.