Chandra Prakash Pandey vs The State Of Jharkhand on 23 November, 2021
8. After hearing the learned counsel for the parties and after
going through the prosecution report as well as the enclosure to
the prosecution report, this Court finds that it is not in dispute
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that there has been title suit between the parties, inter alia, in
connection with plot no.1120 which is involved in the present
case and it is further not in dispute that an appeal has been filed
by the State against the decree passed in favour of the plaintiff
arising out of Title Suit No.25 of 1996. This Court finds that
under identical circumstances, in Cr.M.P. No.1653 of 2009 (R.S.
Singh vs. State of Jharkhand and others) which also included
portions of plot no.1120 and other landed properties, this Court
has been pleased to quash the criminal proceeding by holding
that there being genuine dispute over the right and title, the
criminal proceedings against the petitioner in those cases were
not warranted. This Court also held that the State including its
Forest Department could pursue the remedy in suit / appeal
pending before the Civil Court having competent jurisdiction or
before this Court. It is not in dispute that the S.L.P. against the
aforesaid order passed by this Court has been dismissed. This
Court finds that the present case is similar to that of Cr.M.P.
No.1653 of 2009 and apparently there is title dispute between
the parties in connection with the properties involved in the
present case and primarily dispute between the parties is in the
realm of pure civil dispute. This Court is of the view that
continuance of the criminal proceedings as against the
petitioner in the present matter would be an abuse of the
process of law.