Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A. for the State -respondent.
(2.) THIS Court vide order dated 31.3.1998 had issued notice and in the mean time further proceedings of case No. 1561 of 1997, under Section IPC, pending before the Additional Chief Judicial Magistrate -III, Muzaffrar Nagar, was stayed. In spite of the service of notice upon the opposite party No. 2, no counter affidavit has been filed till date. The present Cr.P.C. petition has been filed for quashing the proceedings of complaint case No. 1561 of 1997, under Section IPC, pending before the Additional Chief Judicial Magistrate -III, Muzaffrar Nagar.
(3.) IT is contended by the learned Counsel for the applicants that for the same property, State Bank of India had filed original suit before the Civil Judge, Muzaffar Nagar, being Suit No. 138 of 1993 against Saraswati Steel and Alloys Ltd. Co., which is still pending. It is thus contended that the civil matter has been dragged into criminal prosecution of the applicants at the behest of opposite party No. 2, which is bad in law.;