The contention of learned counsel for the petitioners is that it is patently civil litigation, which has been given colour by moving an application under section 156(3) Cr.P.C. in order to get F.I.R. lodged. It is further urged that respondent no. 4 has resorted to concealment, inasmuch as, at the first instance, private respondents have filed an application under section 156(3) Cr.P.C., which came to be dismissed by the court of A.C.J.M., court no. 28, Lucknow in Misc. Case No. 4593 of 2023 on 5.12.2023. Upon dismissal of said application, private respondent yet again filed another application under section 156(3) Cr.P.C., wherein, earlier order was concealed. Story as setup in the first complaint, has been changed as well as another accused was introduced and in such circumstances, instant F.I.R. being Case Crime no. 129 of 2024 has been lodged. It is further stated that from the bare perusal of said complaint, it is indicated that sale deed was executed and in pursuance thereof, money has been paid to the complainant. In case, there was any dispute regarding non payment of some part of sale consideration, he had remedy under the civil law and thus considering aforesaid fact, instant F.I.R. is malicious.
