(1.) Heard Mr. S.G. Karmarkar, the learned counsel for the applicants and Mr. K.S. Motwani, the learned counsel for non-applicant.
(2.) Applicants Mrs. Pushpa Pathak and Mr. Naresh Pathak are assailing the order of issuance of process dated 28.6.2017, for offence punishable under section 406 of Indian Penal Code ("IPC"), rendered by the learned Magistrate in Criminal Case 13 of 2017, instituted by the non-applicant Mrs. Nisha.
(3.) At the very outset, a statement is made by the learned counsel for the applicants Mr. S.G. Karmarkar that Mr. Naresh Pathak has expired. The statement is accepted. Criminal Case 13/2017 shall abate qua Mr. Naresh Pathak, the former husband of Mrs. Nisha.