Karuna Nand Bajpayee, J. - (1.) This writ petition under Article 227 of Constitution of India has been filed by the petitioners with the following prayers: (i) issue a writ, order or direction in the nature of certiorari quashing the judgement and order dated 31.10.2017 passed by the learned In-charge Sessions Judge, Ghaziabad in Criminal Revision No. 294 of 2017, Rajendra and another vs. Mahesh Kumar Goyal and another, as well as the judgement and order dated 26.8.2017 passed by the learned A.C.J.M., Court No. 3, Ghaziabad in Complaint Case No. 3071 of 2015, Mahesh Kumar Goyal vs. Rajendra and another; (ii) issue a writ, order or direction in the nature of mandamus directing the learned trial court/A.C.J.M., Court No. 3, Ghaziabad to stay the further proceeding/not to take any coercive steps against the petitioners in Complaint Case No. 3071 of 2015, Mahesh Kumar Goyal vs. Rajendra and another, under Sections 420, 467, 468, 471 I.P.C., P.S.- Sihani Gate, District- Ghaziabad; (iii) issue any other writ, order or direction which this Court may deem fit and proper in the present circumstances of the case.
(2.) Heard Sri Satish Kumar Tyagi, learned counsel for the petitioners and learned A.G.A. for the State. Perused the entire record.
(3.) Submission made on behalf of the petitioners is that the allegations made in the complaint in question relate with civil litigation, which is pending between the parties being Original Suit No. 892 of 2009, (Rajendra Singh and another vs. M/s. Worlds Window Developers Pvt. Ltd. and 2 others) in the court of Civil Judge (S.D.), Ghaziabad. The said suit was instituted on 14.5.2009 by the present petitioners seeking relief of cancellation of sale deed dated 11.10.2006 on the ground of its execution on the basis of forgery and cheating as well as the relief of permanent injunction against the defendants to restrain them from interfering into peaceful possession of the present petitioners. Submission is that the sale deed in question dated 11.10.2006 which was allegedly executed by the present petitioners in favour of M/s. Worlds Window Developers Pvt. Ltd. for the alleged sale consideration of Rs. 38,90,000/-, is the outcome of fraud played by the opposite party no. 2 namely Mahesh Kumar Goyal and four other persons, for which a First Information Report dated 16.4.2015 was lodged by the petitioner no. 1. However after investigation thereof, final report being F.R. No. 01 of 2016, dated 16.5.2016 was submitted before the learned court below, upon which Misc. Case No. 951 of 2016 was registered and notice was issued to the petitioner no. 1 and in pursuance thereof, he filed a protest petition which was duly allowed by the learned court below and a direction for further investigation of said criminal case was issued vide order dated 16.3.2017 passed by the A.C.J.M., Court No. 3, Ghaziabad and the said further investigation is still pending. Submission is that the opposite party no. 2 and his associates are land mafias, who persuaded the petitioners to sell their land of Khasra No. 1061, area 0.7120 hectare and Khasra No. 1558, area 0.7180 hectare situated in Loni, Pargana Loni , Tehsil and District- Ghaziabad, after getting due permission for executing sale deed and after making due payments of sale consideration. However, the documents signed by the present petitioners were used in a malafide manner to get the sale deed executed and registered on 11.10.2006. Submission is that the dispute among the petitioners and the opposite party no. 2 is essentially civil in nature and the present criminal proceedings is nothing but the misuse of the process of the court for setting scores and pressurizing the petitioners to settle the civil dispute. Further submission is that the law laid down by the Apex Court in the case of Mohd. Ibrahim and others vs. State of Bihar and another, 2009 3 SCC(Cri) 929, is applicable on the facts of the present case and hence, the proceedings of criminal case in question is not liable to be continued. Submission is that the petitioners challenged the summoning order dated 26.8.2017 before the lower revisional court by means of Criminal Revision No. 294 of 2017, Rajendra and another vs. Mahesh Kumar Goyal and another, which has been dismissed vide order dated 31.10.2017 at the stage of admission, whereas considering the facts and circumstances of the case it ought to have been allowed by the lower revisional court and as such the impugned orders dated 26.8.2017 and 31.10.2017 passed by both the courts below are not in consonance with the facts of the case as well as the legal position settled in this respect.;