Harihar Rai Vs. the State of Bihar and anr

patna high court cr.misc. no.16594 of 2010 (4) dt.23-01-2012 in the high court of judicature at patna criminal miscellaneous no.16594 of 2010 ====================================================== harihar rai .... .... petitioner/s versus the state of bihar & anr .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr. mr. baban roy for the opposite party/s : mr. ====================================================== coram: honourable mr. justice vikash jain oral order (per: honourable mr. justice vikash jain”23. 01-2012 learned counsel for the petitioner appears and submits that prosecution has been instituted in the matter which involves a pure civil dispute and is not maintainable as such. it has been pointed out that the petitioner is the landlord living on the ground floor of the property in question and the informant is the tenant living on the first floor of the same building. the informant has claimed that she has entered into an agreement with the petitioner for purchase of the property which however, the petitioner denies and in respect of which title eviction suit no.55/2010 has been filed for the purpose of evicting the informant which is said to be pending before the sub judge-i, patna. notices have been issued to the o.p.no. 2 and has patna high court cr.misc. no.16594 of 2010 (4) dt.23-01-2012 appeared through vakalatnama, but no one is present to contest the petition today. let this matter be placed under the heading for orders tomorrow the 24th january, 2012. (vikash jain, j.) chandran