- (1.) Heard Mrs. Swati Agrawal, learned counsel for the petitioner, Mrs. Archana Tyagi, learned counsel for the second respondent and learned Additional Government Advocate.
(2.) The complainant is brother of applicant no. 1, whereas, applicant no. 2 is mother and applicant no. 3, 4, 5 and 6 are sisters of applicant no. 1 and complainant. The dispute, inter se, parties pertains to family settlement pertaining to the disputed property. The applicants are assailing the order dated 6 September 2010 passed by the revisional court/Additional Sessions Judge Court No. 3, Saharanpur in Criminal Revision No. 309 of 2010 (Rajesh Gandhi and other vs. State of U.P. and others) affirming the order passed by the Chief Judicial Magistrate, Saharanpur, in Complaint Case no. 589 of 2010 ( Rohit Gandhi vs. Rajesh Gandhi), whereby, the applicants have been summoned in a complaint case for offence under Section 468, 506 IPC.
(3.) The complainant/opposite party no. 2, filed an application under Section 156(3) Cr.P.C. for offence under Sections 420, 467, 468, 471, 506 IPC which, the learned Magistrate treated as a complaint; upon recording statements under Section 200 Cr.P.C. and examining witnesses under Section 202, Magistrate summoned the petitioners herein, for offence under Section 468 and 506. In revision, the order of the Magistrate has been affirmed.;