- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of criminal case no. 2664/2002, under Sections 419 , 420 , 467 , 468 , 471 IPC, Police Station Khalilabad, District Sant Kabir Nagar as well as non-bailable warrant dated 12.07.2019 passed in the aforesaid case.
(3.) It has been argued by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. It was submitted that the dispute between the parties is purely of civil nature, which has been given colour of criminal offence. It has been argued by the learned counsel for the applicant that no case is made out against the applicant and that impugned proceedings and impugned order dated 12.07.2019 are abuse of process of Court. It was submitted that in respect of disputed land, the matter was contested before Revenue Courts and Authorities and while matter was pending before Commissioner, Gorakhpur Division, an application under Section 156(3) Cr.P.C., was moved by respondent no.2 after 18 years of alleged dispute. Chief Judicial Magistrate, Basti by order dated 01.03.2002 directed to register the FIR and investigate the matter and the FIR was registered on 14.03.2002. Learned counsel submitted that order of Chief Judicial Magistrate, Basti was challenged by applicant in criminal revision before the Session Judge, Basti and Sessions Court has quashed the above stated order dated 01.03.2002 and matter was remanded to the trial Court. However, CJM, Basti has again passed erroneous order dated 22.07.2002 and made a direction to investigate the case. Against order dated 22.07.2002, an application under Section 482 Cr.P.C. was filed before this Court and arrest of applicant was stayed by the High Court till submission of police report under Section 173(2) Cr.P.C. Learned counsel further submitted that police have concluded the investigation and filed charge-sheet on 29.07.2002 against Saukat Ali (deceased) and another charge-sheet dated 17.09.2002 was filed against applicant but no order was passed on cognizance. It was submitted that an application was filed by applicant to reject the charge-sheet filed against him and later one application was filed by respondent no.2, on which trial Court has passed order dated 05.09.2006 but it was set aside by the Revisional Court vide order dated 07.07.2019 and matter was remanded to the trial Court. Learned counsel further submitted that applicant has submitted an application dated 31.07.2010 for discharge but learned trial Court has not paid any heed upon that application rather learned trial Court passed impugned order dated 12.07.2019 issuing non-bailable warrants against the applicant. It was submitted that no proper reasons were shown for issuance of non-bailable warrants and that impugned order is illegal and arbitrary. It has been submitted by learned counsel that matter is purely of civil nature and prima facie no case is made out against the applicant, and thus, impugned proceedings and impugned order is liable to be quashed. ;