1 S.B. Cr. Revision Petition No.162/2005 Smt. Rameshwari Devi & Ors. vs State of Rajasthan & Anr. DATE OF ORDER : 2.2.2007 HON'BLE JUSTICE SHRI G.S. SARRAF Shri Kulwant Singh,for the petitioner. Shri S.N. Tiwari, Public Prosecutor. Shri Ashok Jain ] Shri VN Kalla ], for the respondent no.2. <><><> This revision petition is directed against the order dated 6.1.2005 passed by Addl. Chief Judicial Magistrate, Ratangarh whereby the learned Magistrate after rejecting the Final Report submitted by the police has taken cognizance against the petitioners of the offence under Section 420 IPC. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the respondent no.2. For an offence under Section 420 IPC it must be proved that the complainant parted with his property acting on a representation, which was false to the knowledge of the accused and that the accused had a dishonest intention from the outset. I have perused the record of the case very carefully. Even if all the allegations made by the respondent no.2 are taken to be true still no case under Section 420 IPC is made out. The 2 entire controversy is of civil nature. The order taking cognizance is an example of abuse of process of the court. Consequently, the revision petition is allowed and the order dated 6.1.2005 passed by the Addl. Chief Judicial Magistrate, Ratangarh taking cognizance against the petitioners of the offence under Section 420 IPC is quashed. (G.S. SARRAF), J. cpgoyal/-