On the basis of this companyplaint the Magistrate held an enquiry under Section 202 of the Code of Criminal Procedure and dismissed the companyplaint under Section 203 of the Code of Criminal Procedure.
As against the Order of dismissal the Appellant went in Revision.
The learned Sessions Judge set aside the Order of dismissal and remanded the case back to the Magistrate.
By the impugned Order the companyplaint has been quashed on the ground, as set out above, that the companyplaint spelled out a civil wrong and, therefore companytinuance of the criminal prosecution would be an abuse of process of the companyrt.
On such remand the Magistrate issued process against Respondents 2 to 10 to face trial under Sections 419, 420, 467 and 120 B of the Indian Penal Code.
N. VARIAVA, J. Leave granted.
LITTTTTTTJ This Appeal is against an Order dated 10th November, 1999 by which, in an Application under Section 482 of the Code of Criminal Procedure, a criminal companyplaint has been quashed on the ground that the companyplaint spelled out civil wrong and companytinuance of the criminal prosecution would be an abuse of process of the companyrt.
The companyplaint was that Respondents 2 to 10 had fraudulently got the father of the Complainant to execute a gift deed.
