IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3822 of 2022 ------ Md. Zahiruddin, aged about 74 years, Son of Late Abdul Rahman @ Late Rahman Miya, Resident of Shastri Nagar Road, Bhandaridih, P.O. P.S. & District- Giridih (Jharkhand) … … Petitioner -Versus - 1. The State of Jharkhand 2. Anwar Ali @ Paltan, aged about 66 years, Son of Late Gafur Miyan, Resident of Huti Bazar, P.O.- Giridih, P.S.- Giridih (Town), District- Giridih (Jharkhand) ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Sumit Prakash, Advocate For the State : M/s. Shiv Shankar Kumar, A.P.P. ----- 07/05.03.2025 Heard the parties The petitioner has filed this application for quashing of entire criminal proceeding including the order taking cognizance dated 18.08.2022 and order of issuing summon dated 13.09.2022 passed by Shri Abhijeet Pandey, learned Judicial Magistrate, 1st Class, Giridih in connection with Complaint Case No. 2800 of 2019, after finding the prima facie case to be true under Section 467 of the I.P.C. 2. The case of the Opposite Party No.2 is that he is the Power of Attorney Holder of the land appertaining to Khata No. 17, Plot No. 480, 481 & 482 of mouza Bhandaridih ad-measuring total 95 decimals. It is further alleged that the petitioner has encroached upon the aforesaid land and allotted the said land to Bharat Petroleum Company. 3. Learned counsel appearing on behalf of the petitioner has submitted that from the facts of this case, it is apparent that this matter relates to civil dispute between the parties. 4. Learned counsel appearing on behalf of the Opposite Party No.2 has drawn attention of this Court towards the statement of the Opposite Party No.2 recorded at Paragraph-6 of his S.A in which he has stated that the petitioner has admitted in the reply to notice that he had encroached upon the aforesaid land. He has also submitted that the learned Magistrate after enquiry found the prima facie case to be true under Section 467 of the I.P.C. Learned lawyer appearing on behalf of the petitioner submitted the there is petrol pump on the said land since 1962 and the petitioner has a settled possession of the land. 5. From the entire facts and circumstances of this case, it is apparent that the matter between the parties is of the nature of civil dispute. 6. In view of the aforesaid facts, the entire criminal proceeding in connection with Complaint Case No. 2800 of 2019 and consequential orders are quashed. 7. This application is allowed. 8. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Nandini/- Uploaded