KASHI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 16.04.2012 passed by the Sub-Divisional Judicial Magistrate, Gopalganj, in Complaint Case No.669 of 2011/Tr. No.3873 of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 323, 427, 379 Indian Penal Code.

(2.) It has been submitted on behalf of the petitioners that Title Suit No.251 of 2009 is pending between the parties for the same land as mentioned in the Complaint Petition. From the nature of the complaint, no criminal offence is made out. The matter is of civil dispute. The complainant and other witnesses in their statements have also admitted that there is civil dispute and Title Suit No.251 of 2009 is pending.

(3.) Counsel for the Opposite Party No.2 has submitted that witnesses have supported the case and thereafter the learned Magistrate has found prima facie case against the petitioners.