KANCHAN CHAKRABORTY,J

1. THIS application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding in Criminal Case no. 1132 of 2006 pending in the Court of learned Judicial Magistrate, 6th Court, Alipore, has been taken out by Radha Dutta and Subhashis dutta, the persons made accused in the case, on the following grounds :

a) that no case under Section 430 of I.P.C. is made out against them; b) that the dispute between the parties is of civil in nature and while the parties to the case are litigating over the issue in competent Civil Court, the learned Magistrate, ought not have taken cognizance of the offence against the petitioners; c) that the learned Magistrate erred in directing the police official of the local police station to enquier further into the matter for the 2nd time after getting first report under Section 202 of the Code; d) that the Criminal proceeding initiated by the opposite party is manifestly attended with mala fide or maliciously with a ulterior motive for wreaking vengeance of the petitioners with a view to spite them owing to personal grudge; and e) that continuation of the proceeding against the petitioners will