Heard learned Counsel for the petitioners and learned A. G. A.

2. The petitioner has approached this Court for quashing of the order dated 1-3-2005 passed by learned Magistrate rejecting the application under Section 156 (3) Cr. P. C. with an observation that since the damage is said to have been caused by fabricating false document, civil proceedings may be initiated.

3. It is urged by the learned Counsel for the petitioner that this observation is not correct, if an act of the party gives right to an action for criminal proceedings and also for civil proceedings then the criminal Court can not refuse to proceed with the criminal case on the ground that civil action may also lies.

4. In may opinion, this observation is correct so rejection of the application under Section 156 (3) Cr. P. C. on the aforesaid ground was not correct and legal.

5. This petition is accordingly allowed. The impugned order is quashed.

6. The learned Magistrate is directed to pass appropriate order on the application of the petitioner under Section 156 (3) Cr. P. C.

Petition allowed.

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