Heard learned counsel for the petitioner and learned counsel for the State.

2. By way of filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (For short ‘FIR’) of Mainatand P.S. Case No. 82 of 2013 registered under Section 406 and 420 of the Indian Penal Code (For short ‘IPC’).

3. On 04.10.2013, at about 10.00 a.m., the Opposite Party No. 2, Hiraman Sah, submitted a written report before the Officer-in-charge of Mainatand Police Station alleging therein that:-

(i) The petitioner took Rs. 30,000/- from his father late Fagu Sah in his presence on condition, as noted down by the petitioner himself in the note book of his father that if the petitioner fails to give paddy within time, he would pay interest thereon.

(ii) After death of his father, on demand, the petitioner kept on avoiding to pay back the money, and a panchayati was convened by the Sarpanch, but he did not chose to participate in the same, and with an intention to misappropriate the amount, he refused to pay back the money.

4. On the basis of the aforesaid written report, Mainatand P.S. Case No. 82 of 2013 was registered