V P GOEL Vs. STATE

JUDGEMENT

(1.) THE aforesaid two petitions arise out of a common order dated 12. 9. 2001 passed by the Additional Sessions Judge, New Delhi, refusing to quash the summoning order dated 24. 9. 1998 passed by the Metropolitan Magistrate by which petitioner Shri V. P. Goel (petitioner in Crl. M. C. 3557/2001) and Dr. V. K. Jain and anju Jain (petitioners in Crl. M. C. 96/2002) were summoned to face prosecution under Section 406/420/506/120-B/34 IPC on the basis of a fresh complaint filed by Dr. Rajiv Kumar Jain, the complainant, who has been arrayed as respondent in both the cases in addition to Government of NCT of Delhi.

(2.) BRIEFLY stating the facts giving rise to filing of this petition are as under:-

(3.) AS against the aforesaid order, Anju Jain and Dr. V. K. Jain filed a Writ petition bearing No. 38270/1993 before the Allahabad High Court. On the other hand, a revision petition (Crl. Rev. P. 2149/1993) was filed on behalf of the complainant through Manoj Kumar against the order discharging Dr. V. P. Goel, which was pending at the time when the fresh complaint was filed by Dr. Rajeev kumar Jain against all the petitioners. The writ petition was disposed of by the Allahabad High Court vide order dated 4. 4. 1995 holding that the courts at ghaziabad had no jurisdiction in the matter but permitted the court to return the complaint for presentation before the competent court of jurisdiction in delhi at contemplated under Section 201 Cr. P. C.