Order

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 Sections 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:-

2.1. An FIR No.319/2024 dated 20.06.2024 was registered at Police Station Subhash Nagar, Bhilwara on the report lodged by the respondent No. 2/complainant Shiv Kumar Mandovra against Ram Kishore Jhanwar and Narendra Jhanwar for alleged offences under Sections 406 and 420 IPC. Gist of his allegations is that they purchased goods (Guar Gum) and did not pay for the same despite delivery.

2.2. Investigation ensued. During the investigation police seized the goods namely Guar Gum stated to be weighing a total of about 47,815