- (1.) Heard the learned counsel for the applicants, learned A.G.A. and perused the record.
(2.) The instant petition has been filed by the applicants with a prayer to quash the entire proceeding of Case No. 560 of 2015 (State v. Vichar Das and others) whereby cognizance has been taken by the Additional Chief Judicial Magistrate-VII, district Varanasi under Sections 419, 420, 406, 506, 34 and 120-B, I.P.C., police station Sarnath, district Varanasi.
(3.) The submission of the learned counsel for the applicants that the first information report lodged on the basis of an application moved under Section 156 (3), Cr.P.C. on 9.3.2013 against the applicants and other persons. On the basis of the first information report the police swung into action and submitted the charge sheet on 18.7.2013 in a perfunctory manner and the court below has taken cognizance against the applicants only on 14.4.2015. The dispute is purely civil in nature, which has been given colour of criminal prosecution. The first information report has been lodged merely on the assumption that the applicants were instrumental in misusing the Math for which the applicants were not authorized whereas there are clinching material showing that the applicants were in-charge of the Math by virtue of the Will. The investigating officer conducted the investigation in biased manner and submitted the charge sheet against the 13 persons including the present applicants, thus the prosecution of the applicants is nothing but an abuse of the process of law.;