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2014 Supreme(All) 3528

VISHNU CHANDRA GUPTA
Satish Kohli – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant :- P.C. Agrawal,Arun Sinha,Sameer Kumar
For the Opposite Party :- Govt. Advocate

JUDGMENT

By means of present petition under Section 482 Code of Criminal Procedure (for short Cr.P.C.) the petitioners have prayed for quashing the impugned order dated 23.04.2007 passed by Judicial Magistrate-II, Lucknow in Complaint Case No. 768 of 2007 (Case No.1131 of 2007), (Smt. Sweta Kohli Vs. Satish Kohli and others) under sections 406 and 420 IPC P.S., Hazaratganj, District Lucknow, whereby the petitioners have been summoned under Sections 420 and 406 I.P.C. to face trial and also the consequential proceedings pending in the court of Judicial Magistrate-II, Lucknow.

2. In this petition, Impugned order and continuance of proceeding initiated in pursuance thereof have been challenged on two counts: -

1. That learned Magistrate has no jurisdiction to entertain the complaint as no part of cause of action arises within the territorial limits of court at Lucknow.

2. That on the basis of allegations made in the complaint neither offence under Section 420 I.P.C. nor under Section 406 I.P.C. is made out.

3. Brief facts for deciding this petition are that a complaint has been filed by opposite party no. 2- Smt. Sweta Kohli against petitioners- Satish Kohli and Smt. Neena Kohli and two ot



















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