An enquiry or investigation is mandatory before issuing process against an accused residing beyond the territorial jurisdiction of the concerned Magistrate, as per the provisions of Section 202(1) Cr.P.C.

JUDGMENT :

1. Heard Mr. Ayank Mishra, learned counsel for the applicants, Mr. Pankaj Srivastava, learned A.G.A for the State and perused the material available on record.

2. As legal submission have been raised by counsel for the applicant challenging the summoning order passed by the concerned Magistrate, hence, the present application is being decided without issuing notice to opposite party no.2

3. The present application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 15.09.2021 passed by Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No.2, Ghaziabad in Criminal Complaint Case No. 11006 of 2020 (Smt. Jyoti Vainiwal Vs. Deepak Kumar Tomar and others), under Section 406 I.P.C., Police Station-Kotwali, District-Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate/Additional Civil Judge (Sr. Div.) Court No.2, Ghaziabad.

4. Brief facts of the case are that, the present complaint has been filed by opposite party no.2 on 22.07.2020 with the allegations that marriage of opposite party no.2 was solemnized with applicant no.5 on 14.05.2019 according to Hindu Rites and Rituals wherein sufficient dowry including money and ornaments were given by the parents of opposite party no.2.

5. It has been further alleged that opposite party no.2 was not permitted to meet her parents and was mentally and physically harassed by the applicants for reasons best known to them. It is further alleged that all the demands of the applicants' side were fulfilled by the family of opposite party no.2 as and when raised by them, after the marriage of opposite party no.2 with applicant no.5. On 26.12.2019 when the father of opposite party no.2 came to meet her, the applicants misbehaved with him and the opposite party no.2 was sent back to her parents house along with her father on the same day. When the opposite party no.2 came to know that applicants are not interested in calling her back, she requested them to return her Stree Dhan. A notice in this regard was sent by the opposite party no.2 which was neither replied by the applicants nor the Stree Dhan was returned, hence, the present complaint was filed in which the applicants have been summoned vide order dated 15.09.2020 without following the mandatory requirement as provided under Section 202 Cr.P.C., which has been challenged before this Hon'ble Court.

6. Learned counsel for the applicants submits that though the address of the applicants as mentioned in the complaint is Bengaluru, hence they are residents of Bengaluru but the concerned Magistrate sitting at Ghaziabad has summoned the applicants ignoring and not complying the provision of Section 202 Cr.P.C., 1973. He further submits that procedure stipulated in the said provision is mandatory which imposes an obligation on the Magistrate to ensure that before summoning an accused, who resides beyond his jurisdiction, the Magistrate shall make necessary inquiries into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit for finding out whether or not there is sufficient ground to proceed against the accused.

7. It is undisputed that the applicants are residing at Bengaluru, which is beyond the jurisdictions of the concerned Magistrate sitting at Ghaziabad, hence the concerned Magistrate was duty bound to follow the procedure as prescribed under Section 202(1) Cr.P.C. amended in the year 2006. In support of his submission counsel for the applicants has placed reliance upon the judgment of this Court in case of Sayed Sibte Haider Vs. Mohammad Askari Ali & Anr., passed in Criminal Misc. Application Under Section 482/378/407 Cr.P.C. 115 of 2018, vide order dated 28.02.2019.

8. Learned A.G.A. for the State submits that in case, this Court is satisfied that the mandatory requirement of Section 202 Cr.P.C. is not fulfilled by learned Magistrate before issuing the process, this Court can direct the Magistrate to