JHINKOO Vs. STATE OF U P

JUDGEMENT

(1.) THE Respondent No. 2 moved an application under Section 156 (3) CrPC against the petitioners. The IInd Additional Chief Judicial Magistrate, Azamgarh on 28 -4 -2000 allowed the application by order Annexure No. 3 to the affidavit, and directed the police to register the case and investigate. The petitioners preferred the revision, Annexure No. 4 to the affidavit, which have also been dismissed by Additional Sessions Judge, Court No. 7, Azamgarh on 2 -4 -2002, Annexure No. 5 to the affidavit. Therefore, the present petition has been filed to quash the impugned orders.

(2.) I have heard Sri N.C. Rajvanshi, learned Senior Advocate, assisted by Sri M.K. Rajvanshi, learned Counsel for the petitioners, Sri B.N. Yadav, learned Counsel for the Respondent No. 2 and the learned AGA.

(3.) IT has been argued by Sri N.C. Rajvanshi that the dispute is purely of civil nature and the Respondent No. 2 had already filed suit No. 94 of 2000 in the Court of Civil Judge for cancellation of the sale deed on the same ground ; that the validity of the sale -deed shall be decided in the suit and therefore, the criminal case should be stayed till the decision of the above suit.