N.N.MATHUR,J. - (1.) By way of this petition under section 482 of the Code of Criminal Procedure the petitioners seek to quash the order of the Magistrate Merta dated 20.8.1998 rejecting the final report and issued process against the accused-petitioner-Devi Lal and Krishna Ram for offence under sections 406 & 420 IPC. It appears that second respondent-Anil Kumar filed a complaint in the Court of Judicial Magistrate First Class, Merta alleging that he had advanced a sum of Rs. 20,000/- but the same was not returned by Devi Lal. He went to his native place to inquire about Devi Lal but it was reported that he along with his father Krishna Ram vacated the house and took away the entire belongings in a Truck. Inspite of repeated demands the money was not returned. He has also referred to certain more transactions. The complaint was sent by the learned Magistrate for investigation under Section 156(3) Cr.P.C. The police found the transaction of a civil nature. It was also found that certain compromise had taken place between the complainant and Devi Lal. However, the learned Magistrate referring to some other transactions with some other persons rejecting the F.R. given by the police issued process against the petitioners for offence under sections 406 & 420 IPC.
(2.) It is reported that the first petitioners-Devi Lal has died. The second petitioner-Krishna Ram is the father of Devi Lal. There is no allegation whatsoever nature against Krishna Ram. Thus, in my view the proceedings against Krishna Ram is an abuse of the process of the Court.
(3.) Consequently, the Misc. Petition is allowed and the order of the Judicial Magistrate First Class, Merta dated 20.8.1998 is quashed and set aside. FR accepted. Petition allowed.;