(1.) Yet another case is before this Court, where the dispute between the parties is though out rightly civil in nature, but in misuse of powers by rather over compliant Police officials, obviously to help the complainant, an FIR has been registered for alleged offences under Ss. 420 and 406 of IPC, giving the entire case a color of criminal culpability, where none exists. No preliminary enquiry of any kind was carried out. Complaint received in the Police Station was simply converted into an FIR. More of it later.
(2.) Briefly speaking, shorn of unnecessary details, the relevant facts of the case leading to the institution of the present petition, are as under :-
(3.) I have heard learned Counsel for the petitioner, learned Counsel for the complainant as well as learned Public Prosecutor and also perused the case file, in particular the contents of the FIR.