- (1.) Heard learned counsel for the petitioner, learned State Counsel and learned counsel for the respondent no. 2. By means of this petition, the petitioner has prayed for quashing of the order dated 28.1.2008 and the proceedings in case no.33/08(State v. Munna) under Sections 419/420/467/468/471 I.P.C., P.S.Bhatpar Rani, District Deoria, pending in the court of Additional Civil Judge (Junior Division), Deoria.
(2.) Submission of learned counsel for the applicants is that the allegations in the charge sheet reveal that the matter is of civil nature, as such, no criminal proceedings can be initiated against the applicants and the impugned order dated 28.1.2008 and the proceedings in case no.33/08 be quashed.
(3.) Per contra, learned counsel for respondent no.2 submits that the allegations levelled against the applicants and the evidence on record make out a clear case against them under Sections 419/420/467/468/471 I.P.C. In support of his contention, learned counsel for opposite party no.2 has relied upon the decisions of Hon'ble the Supreme Court in Mohd. Ibrahim and others v. State of Bihar and another, 2009 4 ACC 679; G. Sagar Suri v. State of U.P., 2000 2 SCC 636 and Indian Oil Corporation v. N.E.P.C. India Ltd., 2006 6 SCC 736.;