The submission of learned counsel for the applicants is that the complainant-opposite party no. 2 and the applicant no. 1 are brothers, both being sons of the Late Salik Singh. Applicant No. 2 is the wife of applicant no. 1, whereas applicant nos. 3 and 4 are marginal witnesses to a Will said to have been executed by the father of the applicant no. 1 and the complainant-opposite party no. 2, which has been reported to the police as a forged document. Applicant no. 5 is also a witness to some kind of proceedings relating to the Will. The submission of learned counsel for the applicant is that the dispute is essentially civil in nature as to the validity of the Will and is engaging the attention of the Settlement Officer, Consolidation, Gorakhpur in an appeal from the Consolidation Officer's order arising out of an objection under Section 9A(2) of the U.P. Consolidation of Holdings Act. He submits that the dispute is one that is essentially civil, and till a final decision about the validity of the Will is recorded by the competent court of civil jurisdiction, which in the present case are consolidation authorities, prosecuting the applicant on allegation of forging the Will, is an abuse of process of court. During hearing, learned counsel for the applicant has very fairly conceded that the impugned Will has been held to be a forged document by the Consolidation Officer, Gorakhpur also, but that decision of the Consolidation Officer is sub judice in appeal before the Settlement Officer, Consolidation. It is by now well settled that the same act may
