SAURABH AGRAWAL Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the impugned judgment dated 22.05.2017 passed by leaned IV Additional Sessions Judge, Haridwar, in Criminal Revision No. 74 of 2017 (Saurabh Agarwal vs. State of Uttarakhand and another) whereby order dated 13.08.2015 passed by 2nd Judicial Magistrate, Roorkee, Haridwar in Complaint Case No. 86 of 2016 has been affirmed.

(2.) A complaint case was filed by the respondent no.2 against the applicant. The said application was allowed and the applicant was summoned to face the trial by the Judicial Magistrate, Roorkee. Feeling aggrieved against the same, the applicant and another preferred a Criminal Revision before the 4th Additional Sessions Judge, Haridwar. The said revision was dismissed and the order of the Judicial Magistrate dated 13.08.2015 was affirmed. Feeling aggrieved against the same, present C-482 Petition has been filed by the applicant.

(3.) Learned counsel for the applicant drew the attention of this court towards sub-section (1) of Section 202 Cr.P.C. and argued that any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under section 192 Cr.P.C., may, if he thinks fit, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: