BHAGWAN DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard, Sri Sushil Kumar Singh, learned counsel for the petitioners, Sri Shrawan Kumar, learned counsel for the respondent no.2 and learned A.G.A. for the State.

(2.) The instant petition under Article 227 of the Constitution of India has been filed for setting aside the judgment and order dtd. 8/3/2021 passed by learned Sessions Judge, Ambedkar Nagar in Criminal Revision No.45 of 2020 (Bhagwan Devi and Another Vs. State of U.P. and Another) and the order dtd. 19/2/2020 passed by learned Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No.4610 of 2019 (State Vs. Bhagwan Devi and Another) arising out of Case Crime No.258/2016, under Ss. 419, 420, 467, 468 and 471 I.P.C., Police Station Kotwali Tanda, District Ambedkar Nagar, by means of which, application under Sec. 239 of the Code of Criminal Procedure, 1973 (here-in-after referred as CrPC) filed by the petitioners has been dismissed.

(3.) Learned counsel for the petitioners submitted that a civil dispute between the petitioners and the respondent No.2 has been converted into criminal. The respondent No.2 had already filed a suit for cancellation of will executed in favour of the petitioner No.1 by the husband of the petitioner No.1 and the respondent No.2, which is pending before a civil court, thus, during pendency of the civil suit, criminal proceedings could not have been initiated.