informant has purchased the land of Gata no. 329-M from Smt. Surja Devi and Diwari Lal, whereas applicant no. 1 has purchased the land of Gata No. 354-k from Bijendra Lal. It was submitted that only for the purpose of grabbing the property bearing Gata No. 354-K, which is adjacent to Gata No. 329-M, informant has falsely implicated the applicants in the present case. It was further submitted that applicant no. 1 has filed a civil suit (no. 26/2019) before the court of Civil Judge (S.D.), Kasganj on 06.02.2019 with regard to dispute regarding Gata No. 354-Ka area 0.646 hectare and in the said suit, an order of status quo was passed by the court on 11.02.2019 and the said suit is still pending for consideration before the concerned court. It was submitted that applicants have preferred a criminal misc. writ petition no. 9323/2019 before this Court, in which this Court has passed the order, staying arrest of the petitioners/applicants till submission of police report and thereafter, a charge-sheet was submitted against the applicants under Sections 419, 420, 467, 468, 471, 506 IPC on 04.07.2019 and without applying its judicial mind, learned Judicial Magistrate has taken cognizance against the applicants. It was also submitted that the witnesses examined by the Investigating Officer, are interested witnesses. It was further submitted that applicant nos. 2 and 3 are neither purchaser of the said plots nor marginal witnesses of the sale-deed and they have been falsely implicated merely because they are real brothers of applicant no. 1. It was submitted that dispute between applicant no. 1 and informant is purely of civil nature and that prima facie, no case is made out against the applicants
