Hon'ble Abhai Kumar,J.

Heard Sri Prashant Kumar Singh, holding brief of Sri Mahipal Singh, learned counsel for the applicants, Sri Mohd. Samiuzzaman Khan, learned counsel for the opposite party no.2 and perused the record.

2. This petition under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no.244/11 dated 25.7.2011 arsing out of Case Crime No.376 of 2011, under Sections 406, 420, 504 and 506 I.P.C., Police Station Najibabad, District Bijnor as well as congnizance order dated 22.9.2011 passed by learned Judicial Magistrate 1st Class, Najibabad, Bijnor and further prayed to stay the further proceeding in Case No.1559 of 2011 (State vs. Komal and others), pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Najibabad, Bijnor.

3. Brief facts of the case are as follows:

The opposite party no.2 lodged an FIR on 2.7.2011 against the applicants in reference to an occurrence, which is said to have taken place on 16.5.2005. The investigating officer after investigation submitted the charge sheet against the applicants.

4. It is submission of learned counsel for the applicants that investigating officer has not investigated the matter prop