- (1.) Mr. Rongon Mukhopadhyay, J. -Heard Mr. Ashok Kumar Singh, learned counsel appearing for the petitioners, Mr. A. K. Sahani, learned counsel appearing for the opposite party No. 2.
(2.) In this application the petitioners have prayed for quashing of the entire criminal proceeding in connection with C/1 Case No. 105 of 2008 including the order dated 23.09.2008 passed by learned Chief Judicial Magistrate, Seraikella, whereby and whereunder, cognizance for the offences punishable under section 406, 420, 467, 368, 471 and 120B I.P.C. has been taken.
(3.) It has been submitted by learned counsel for the petitioners that no criminal offence is made out from the complaint petition itself. It has been further submitted that the issue with respect to the allotment of quarter in question to one Rajni Kant Pandey has already been decided in W.P.C. No. 3935 of 2007 instituted by the opposite party No. 2. The order passed in W.P.C. No. 3935 of 2007 has been upheld in L.P.A. No. 32 of 201 Learned counsel submits that since the subject matter of the complaint petition is with respect to non-allotment of the quarter in question to the opposite party No. 2 and allotting the same to one Rajni Kant Pandey has already been considered by the writ court, the criminal proceeding instituted again the petitioners deserves to be quashed and set aside.;