Punam Devi and Another vs The State of Bihar and Another

Akhilesh Chandra, J.—Heard learned Counsel for the Petitioners, learned Additional Public Prosecutor for the State and learned Counsel for the complainant-opposite party No. 2.

This is an application u/s 482 of the Code of Criminal Procedure seeking quashing of order dated 7.10.2005 passed by Sri Manoj Kumar-II, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1376-C of 2005, Tr. No. 2586 of 2005, taking cognizance for the offences under Sections 420 & 468 of the Indian Penal Code.

Undisputedly, opposite party No. 2 is the purchaser of land from the Petitioner No. 1, but somehow or the other his title and possession was disturbed by another person claiming title over the same, since before it is also undisputed position that at the instance of opposite party No. 2, Money Suit No. 1 of 2007 is going on in the Court of learned Sub-Judge, Patna for the recovery of money advanced as consideration for the purchase, where in the vendor and Petitioners have already entered into appearance and filed written statement.

There is no controversy that dispute between the parties is of civil nature and money suit though not title suit has already been filed. It is expected that the Court where in Money Suit No. 1 of 2007 is pending shall proceed expeditiously, taking into consideration that the Plaintiff-opposite party No. 2 here is already deprived of the fruits for about five years. Considering the facts and circumstances, further proceeding on basis of impugned order before the court below shall nothing, but sheer wastage of precious judicial time, consequently it is quashed as regard to Petitioners.