MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482, Cr.PC. is directed against the order of the learned Additional Sessions Judge, Rajsamand dated 2.1.98 passed in Cr. Revision Petition No. 68 of 1997 whereby the learned revisional court dismissed the revision petition filed by the petitioners against the order dated 30.4.1997 passed by the learned Civil Judge (Junior Division) and Judicial Magistrate, Railmagra in Criminal Case No. 131 of 1997 whereby the learned Magistrate took cognizance of the offences under Section 147, 447, 427 and 379, IPC against the accused-petitioners.

(2.) I have heard learned counsel for the petitioners and learned Public Prosecutor and perused the order impugned.

(3.) The learned counsel for the petitioners contended that there is a civil suit pending between the parties relating to the land in question and, therefore, criminal proceedings should not proceed and on this count, the petitioners sought quashing of the proceedings. He further contended that allowing to continue criminal proceedings would amount to gross abuse of the process of the court.