Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for opposite party no.2.

2. This application has been filed for quashing the order dated 19.4.2011 passed in Trial No. 4137 of 2011, arising out of Complaint Case No.493 of 2011 by the Judicial Magistrate, Ist Class, Gopalganj by which he has taken cognizance against the petitioners under sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioners submits that from the narration of the facts mentioned in the complaint petition it appears that even all the statements in the complaint petition are taken into entirety at its face value no offence is made out against the petitioners as there is no element of criminal offence in whole of the statement, basically it is a civil dispute and it can only be settled before the civil court of competent jurisdiction.

4. From the complaint petition it appears that Sochu Mishra was the original land holder whereas the complainant has claimed that he got Sikmi settlement from Sochu Mishra. It has been further alleged that Narbdeshwar Pati Tripathi has got a deed of gift executed by Sochu Mishra in favour of h