O.P. Jain, J. - (1.) This is an application under Section 482 Criminal Procedure Code, for quashing the proceedings in Criminal Case No. 50/93, under Sections 467, 468 and 420 Indian Penal Code.
(2.) The brief facts of the case are that the disputed agricultural land was owned by Ram Sajeevan who executed a sale-deed in 1980 in favour of the mother of opposite party No. 2 Kamal Kumar Misra. It is alleged that in 1990 Ram Sajeevan again sold the same land to the applicants and, therefore, criminal proceedings were started by respondent Nos. 2 against the applicants. The police submitted a final. report, in the case on 18th August, 1992. The learned Magistrate issued his objections. The learned Magistrate, therefore, considered the objections raised by the complainant and ordered the police to re-investigate the matter. The present petition under Section 482 Criminal Procedure Code has been filed by the applicants against the order dated 5th July, 1993 which is annexure-6 to the petition.
(3.) It is argued on behalf of the applicant that Ram Sajeevan did not execute any sale-deed in favour of the mother of respondent No. 2 in the year 1980 and as soon as Ram Sajeevan came to know of the fictitious sale-deed, he filed a civil suit for cancellation of the same in the civil court. That suit was dismissed in default but has again been restored to its original number. On that basis it is argued that the matter is pending before civil court and no investigation by police can be ordered.;