ORAL JUDGMENT :

Heard learned counsel for the parties.

2. The petitioner has sought for quashment of order of cognizance dated 19.11.2014 passed in Complaint Case No.2761(C) of 2013, whereby the learned Judicial Magistrate-1st Class, Chapra has asked the petitioner to appear to face trial for the offences under Sections 323 and 385 of the Indian Penal Code.

3. The challenge is on the ground that criminal prosecution has been launched with mala fide motive to settle a civil dispute. In fact, the case is of a civil dispute only.

4. Before considering the allegation disclosed in the complaint petition, it would be apt to mention that one Rambilash Ojha had three sons, namely, Kanhaiya Prasad Ojha, Dhruv Nath Ojha and petitioner, Dr. Purnendu Ojha. In the year, 1974, the joint family property was partitioned, wherein 1/5th share was given to each of the sons and 1/5th to Rambilash Ojha and his wife Rupvanti Devi. The self-acquired house at Kolkata in the name of Rambilash Ojha was not the subject-matter of partition and likewise, self-acquired house at Chapra of Rupvanti Devi (the mother) was also not the subject-matter of partition. The aforesaid partition took place on 11.09.1974. Ther