Raja Ram Singh vs The State of Bihar and Another

Mridula Mishra, J.—Heard the counsel for the petitioner and the counsel appearing for the O.P. No. 2 (complainant). 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 u/s 202 Cr.P.C. the complaint petition was dismissed u/s 204 of the Cr. P.C. by order dated 26.5.03 passed by Judicial Magistrate, 1st Class, Aurangabad. Against this order, the O.P. preferred Cr. Revision No. 69 of 2003/08 of 2004 which was allowed by order dated 22.9.04 and the Magistrate was directed to proceed with the complaint case.

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 out and out of a civil dispute and cognizance cannot be taken in a criminal proceeding.

The land which is subject matter of Title Suit No. 80/90 is the joint family property. The gift dated 24.6.1994 is also subject matter of the Title Suit. The claim of the complainant that the sale deed was executed fraudulently by committing a forgery, is not correct. The execution of sale deed is no case can made out an offence u/ss. 420, 467, 468 & 120(B) of the IPC. The allegation made in the complaint petition on the contrary is a malicious prosecution, as the land under dispute is subject matter of a civil suit. Complainant cannot claim to be exclusive owner of the property, which is joint property of the Individual Hindu Family. The petitioner cannot be prosecuted in a criminal case on the basis of such allegation.

Counsel appearing for O.P. relied on a finding recorded by the Revisional Court in which the court has stated that there is no bar for initiating a criminal proceeding with the same fact if the allegation made in the F.I.R./complaint discloses both the of civil and criminal nature.

I find no force in submissions made by the counsel for O.P. The allegations which are there in the complaint petition do not make out any criminal offence. Accordingly, the order dated 22.9.04 passed in Cr. Rev. No. 69 of 2003/08 of 2004 is, hereby, quashed. This application is allowed.