4. The counsel for the petitioners submits that on bare perusal of complaint petition, it is evident that no case is made out for the criminal prosecution of the petitioners. The dispute between the parties is purely a civil dispute. The land measuring three kathas of plot no.1232, which is claimed by the complainant is the ancestral land of the petitioners. The total area of plot no.1232 is 26 decimals. The said land originally belonged to Jangu Thakur who died leaving behind four sons. The petitioners are sons and daughters of one of his son, namely, Lakhpat Sharma, having one fourth share in the said land. The other three sons of Jangu Thakur had/have one fourth share each. The complainant fraudulently and illegally got two sale deeds executed in the name of his son, namely Abhinesh Kumar from some of the heirs of Gorakh Thakur son of Jangu Thakur. The vendors of the complaint’s son have executed sale deeds beyond their due share. The complainant in order to take forceful possession over the said land has lodged the complaint case with false and frivolous allegation. He further submits that the petitioners having come to know about the fraudulent act of the complaint in getting the sale deeds executed, filed the partition suit no.571 of 2007 in the Court of Sub Judge-I, Muzaffarpur, in which he has impleaded the son of the complainant as defendant no.11. In the said suit the petitioners have challenged the validity of the sale deed of the complainant. He further submits that there are contradictions in the statement of the complainant and the witnesses.
