B.K.RATHI,J. - (1.) THE Respondent No. 2 moved an application under Section 156 (3) CrPC against the petitioners. The IInd Additional Chief Judicial Magistrate, Azamgarh on 28 -4 -2000 allowed the application by order Annexure No. 3 to the affidavit, and directed the police to register the case and investigate. The petitioners preferred the revision, Annexure No. 4 to the affidavit, which have also been dismissed by Additional Sessions Judge, Court No. 7, Azamgarh on 2 -4 -2002, Annexure No. 5 to the affidavit. Therefore, the present petition has been filed to quash the impugned orders.
(2.) I have heard Sri N.C. Rajvanshi, learned Senior Advocate, assisted by Sri M.K. Rajvanshi, learned Counsel for the petitioners, Sri B.N. Yadav, learned Counsel for the Respondent No. 2 and the learned AGA. In brief it is alleged in the application moved by the Respondent No. 2 that his father died in the year 1995. However, the petitioners got executed the sale -deed of the land of his father from some fictitious person on 20 -1 -1997 and therefore, they have committed offences punishable under Sections 419, 420, 464, 465, 470, 471, 472 IPC.
(3.) IT has been argued by Sri N.C. Rajvanshi that the dispute is purely of civil nature and the Respondent No. 2 had already filed suit No. 94 of 2000 in the Court of Civil Judge for cancellation of the sale deed on the same ground ; that the validity of the sale -deed shall be decided in the suit and therefore, the criminal case should be stayed till the decision of the above suit.;