Om Prakash -VII, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners with the prayer to issue writ, order or direction in the nature of certiorari to quash the impugned order dated 22.3.2014 passed by the Additional Sessions Judge, Court No. 4, Saharanpur in Criminal Revision No. 135 of 2012 (Raja Maheshwari vs. State of U.P.) and Criminal Revision No. 179 of 2012 (Prem Singh vs. State) as well as the order dated 13.2.2012 passed by the Chief Judicial Magistrate, Saharanpur in Criminal Case No. 194 of 2012 (State vs. Gurbux Singh and others).
(2.) It appears that a civil suit No. 202 of 1974 was filed by the father of petitioner No. 1 and others in regard to some property dispute, which was decreed in their favour. After the aforesaid judgment, order and decree, petitioner No. 1 and Gurubux Singh filed Execution Case No. 23 of 1997, which is pending before the Civil Judge (SD), Saharanpur. During pendency of the aforesaid Execution Case, some defendants expired. The petitioner No. 1 and others filed a substitution application. The said substitution application was allowed on 28.1.2011 and the concerned Court permitted to substitute the heirs and legal representative of the said defendants. It further appears that the defendant No. 3 was shown in the array of parties as dead person. The petitioner No. 1 and others filed correction application to correct the said mistake, which was allowed on 26.3.2012 on the cost of Rs. 200/ -. Against the said order dated 26.3.2012, a Civil Revision No. 41 of 2012 was filed, which was dismissed by the order dated 7.2.2014. The respondent No. 2 filed an application under Sec. 156(3) Cr.P.C. against the petitioners to register a case of cheating. The Chief Judicial Magistrate, Saharanpur vide order dated 18.11.2011 directed the concerned police station to register and investigate the case against the petitioners. In pursuance of the order of the Chief Judicial Magistrate, case was registered on 30.11.2011 against the petitioners and Gurubux Singh at Police Station Kotwali City, Saharanpur at Case Crime No. 436 of 2011 under Ss. 420, 467, 468, 471, 120 -B, 295 -A, 297, 298 IPC and 3(1)(5)(8)(9)(10) of SC/ST Act. The Investigating Officer after completing the investigation submitted charge -sheet against the petitioners and one Gurubux Singh on 23.1.2012. The concerned Magistrate took the cognizance. Aggrieved with the said order, the petitioners filed criminal revision No. 179 of 2012, which was dismissed by the order dated 22.3.2014. Hence the present writ petition.
(3.) Heard Shri R.K. Khanna, learned counsel for the petitioners, Shri Vinay Kumar Pathak, learned counsel for the respondent No. 2 and the learned AGA appearing for the State respondent No. 1 and perused the entire record.;