- (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) The present 482 Cr.P.C. application has been filed to quash the order dated 16.09.2016, passed by Chief Judicial Magistrate, Bansi, District Siddharth Nagar, in criminal case No. 975 of 2015, arising out of case crime No. 274 of 2015, as well as the order dated 02.03.2019, passed by Additional Session Judge, Bansi, District Siddharth Nagar, in Criminal Revision No. 183 of 2016 (State vs. Haddish and others), P.S. Mishraulia, District Siddharth Nagar. It is further prayed that to stay the further proceedings of Criminal Case No. 975 of 2015, case crime No. 274 of 2015 (State vs. Haddish and others), under Sections 419, 420, 406, 504, 506, 352 IPC, pending in the court of Judicial Magistrate, Bansi, District Siddharth Nagar.
(3.) Learned counsel for the applicants submits that the learned Judicial Magistrate, Bansi, District Siddharth Nagar, has rejected the discharge application filed by the applicants on 16.09.2016, under section 239 Cr.P.C. seeking discharge under section 419, 420, 406, 504, 506, 352 IPC, and against the impugned order of learned magistrate rejected the application of discharge from charge levelled against the applicants being aggrieved, the applicants has filed criminal revision before the Additional Sessions Judge, Bansi, District Siddharth Nagar, and the Session Judge has also dismissed the revision vide order dated 02.03.2019 filed by the applicants. He further submits that no case is made out against the applicants and the Investigating Officer without collecting sufficient evidence submitted charge sheet against them. He also submitted that the applicants filed complaint case against Station House Officer as well as opposite party no. 2, they have been summoned to face the trial and due to this reason opposite party no. 2 lodged the FIR against the applicants and charge sheet was submitted by the investigating officer against the applicants. He next submitted that money dispute is involved between the applicant and the opposite party no. 2. It is also submitted that the allegations made in the FIR appears to be civil in nature. Facts and circumstances of the case do not constitute the criminal charge against the applicants, hence the whole proceeding is liable to be quashed.;