ORDER :

1. Heard Mr. Anurag Dayal Shrivastava, learned counsel for the petitioners. Also heard Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for the State/respondent No. 1 Mr. B.N. Mishra, learned counsel, appearing for respondent No. 2.

2. The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing the order dated 04.05.2018 passed by the learned Judicial Magistrate First Class, Bilaspur, whereby the application under Section 156(3) of Cr.P.C. has been allowed and ordered for registration of FIR and submission of charge sheet as well as criminal proceeding of the Criminal Case No. 3377 of 2018 pending before the learned Judicial Magistrate First Class, Bilaspur between State of Chhattisgarh vs. Kamal Kishore and Others.

3. The brief facts of the case are that the Civil Suit bearing No. 130-A/2016 has been brought by the respondent No. 2 under Power of Attorney of Murari Lal Gupta, Devesh Gupta and Smt. Shalini Bansal, who are the plaintiff, for declaration of title over the suit land bearing Kh No. 676/8 area 0.18 acre situate at Juna Bilaspur, District Bilaspur coupled with prayer to declare the sale deed dated 29.03.2016 as null and void which has been executed by petitioner No. 1 to respondent No. 4. The said suit is pending for consideration before the learned Civil Judge Class-II, Bilaspur. The son namely Shrey Chouksay of the said power of attorney holder i.e. respondent No. 2 Mukesh Chouksay is tenant of petitioner No. 1 over the property known as “Hotel Panchwati” (now Rasoi-In) situate at Link Road, Bilaspur. The dispute of tenancy is also pending before the Rent Controller Authority, Bilaspur as well as before this Hon’ble Court in ARBA No. 119 of 2018. The other Civil Suit bearing No. 248-A/2017 was filed by Smt. Rani Gupta, who is daughter of petitioner No. 1 for declaration of her share over the property in which the complainant Mukesh Chouksay is doing his business and is in possession as tenant. In this suit also he represent the plaintiff being power-of-attorney holder of her.

4. On this back ground, where civil disputes are alive and pending, one complaint under Section 200 of Cr.P.C. was filed by respondent No. 2 being power-of-attorney holder alleging that the petitioner No. 1 has fraudulently transferred the property which is the subject matter of Civil Suit No. 130-A/2016 to respondent No. 4 and the petitioners together with respondent Nos. 3 & 4 had committed mischief by fire and caused damage to the property by committing house trespass. The complainant, therefore, prayed for punishment to the petitioners for offence punishable under Section 379, 420, 436, 448 of the Indian Penal Code. Simultaneously the complainant has also moved the application under Section 156(3) of Cr.P.C. for direction to the Police to register the FIR under the said sections against the petitioners.

5. The learned Judicial Magistrate First Class, Bilaspur had called the report from the concerned Police Station vide its order dated 06.11.2017 and after hearing the Complainant on registration of complaint on 04.05.2018 had allowed the application under Section 156(3) of Cr.P.C. after taking cognizance on complaint and after expressing its opinion regarding prima-facie case and had issued direction for registration of FIR and submission of final report and, therefore, closed the case considering that the FIR has been registered in compliance of the order of the Court.

6. The respondent No. 1 had prepared the charge sheet and submitted before the learned JMFC, Bilaspur on 27.08.20218. The petitioner Nos. 2 & 3 had moved the criminal revision against the said order dated 04.05.2018 before learned First Additional Sessions Judge, Bilaspur, which has been dismissed vide order dated 02.11.2018 considering that the order passed by the learned JMFC is an interlocutory order. Hence, the present petition.

7. Mr. Anurag Dayal Shrivastava, learned counsel for the petitioner submitted that