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1989 Supreme(P&H) 607

A.P.CHOWDHRI
Bhagwati Singh – Appellant
Versus
Gopal Bhushan – Respondent


Judgment

A.P.Chowdhri, J.

1. This is a petition under section 482 of the Criminal Procedure Code (hereinafter referred to as the Code) for quashing complaint Annexure P. 2, summoning order Annexure P. 1 and all subsequent proceedings based on the same.

2. Briefly stated, the material facts are that the respondent is running a Hosiery Emporium at Ludhiana. Petitioner No. 1 is running a garment shop at Chandigarh. The respondent filed a complaint Annexure P. 3, under sections 384 and 506 of the Indian Penal Code against Bhagwati Singh petitioner No. 1 and his wife Suit Joginder Kaur. The petition was dismissed under section 203 of the Code by the Judicial Magistrate 1st Class, Ludhiana, on 13-7-1988. The complainant filed a revision against the order which was dismissed by the learned Additional Sessions Judge by his order dated 1-11-1989 Annexure P. 4. The ground for dismissal both by the learned Magistrate as well as the revisional Court was that the facts disclosed in the complaint did not confer territorial jurisdiction on the Courts at Ludhiana.

3. The second round of litigation started with the filing of the second complaint Annexure P. 2. After recording the preliminary evidenc





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