Vivek Kumar Birla, J. - (1.) Heard Sri H.N. Singh, learned Senior Advocate, assisted by Sri Manoj Kumar Chaudhary, learned counsel appearing for the applicant and the learned A.G.A. appearing for opposite parties no. 1 and 2 and Sri Udai Chandani, learned counsel appearing for the opposite party no.2.
(2.) Present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned orders dated 22.8.2015 and 25.1.2017 passed by the Chief Judicial Magistrate, Varanasi in Case No. 10500 of 2015, (State Vs. Vishambhar Nath Singh) under Sections 419, 420, 467, 468 and 471 IPC, Police Station Cantt., district Varanasi.
(3.) Submission of learned counsel for the applicant is that the dispute is of civil nature which is being souht to be converted into criminal prosecution by the opposite party. Referring to paragraphs 4 to 17, 22 and 25 of the application on factual aspect of the matter submission was that the sale deed executed in favour of the applicant in the year 1965 was never challenged. The civil dispute is pending and it is only by way of malafide intention to put pressure on the applicant the opposite party no. 2 who is a builder has lodged the criminal prosecution, therefore, the cognizance order is liable to be set aside.;