ANNAPURNA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The petitioners are aggrieved by the order dated 27.9.2012 passed by learned J.M. Ist Class, Lakhisarai in G.R. Case no. 865 of 2007 arising out of Surajgarha P.S. case no. 210/2007 by which discharge petition has been rejected.

(3.) Learned counsel for the petitioners has submitted that since civil suit is pending between the parties vide Title suit no. 36 of 1996, the continuance of criminal proceeding is bad in law. Learned counsel for the petitioners has relied on judgments of the Hon'ble Supreme Court (Mohammed Ibrahim and ors. vs. State of Bihar and Anr., (2009) 8 SCC 751) and (Devendra & Ors. vs. State of Uttar Pradesh & Anr., (2009) 7 SCC 495) and has argued that when civil proceeding is pending the continuance of the criminal proceeding is bad in law. It is further submitted that purchaser has not filed this criminal case. The informant is not an affected party. There is no ingredients of the offences alleged to be made out. It is further submitted that there is dispute between the two co sharer.