PREM NATH MEHRA Vs. STATE

JUDGEMENT

(1.) S. R. Bhargava, J. This revision is directed against a summoning order issued by Spical Judge (DAA) Agra, on a private complaint summoning the revisionist and his two sons Anil Kumar and Pankaj Kumar. According to the complaint itself, they are residents of Amritsar. It has been pleaded on behalf of revisionist Prem Nath that he and his sons are not known to the complainant Ram Prakash and that on account of enmity Ram Prakash has been put up for lodging false complaint against him and his sons. It has been further argued at length that no offence under Section 392, I. P. C. is made out. Then it is argued that since no schedule offence is made out from the complainant, the Special Judge had no jurisdiction to entertain the complaint. It is further urged that in case revisionist and his sons are made to appear before Agra Court, complainant shall have an oppor tunity to see and recognize the revisionist and his sons and the revisionist and his sons would loose a substantial right of defending themselves. Then it is argued that the revisionist and his sons will have to incur unnecessary expenditure in frequently going to Agra.

(2.) NO opinion is being expressed on the question whether the story given in the complaint makes out a case of robbery under Section 392, I. P. C. and whether a schedule offence appears to have been committed by the revisionist and his sons. This is not the stage for deciding the defences which can be taken during trial. Revisionist and his sons can challenge the jurisdiction of the Special Judge can himself decide the question of jurisdiction as a preliminary question on and pass consequential order of either returning the complaint under Section 201, Cr. P. C. or dismissing it on the finding that no schedule offence appears to have been made out. In case the Special Judge arrives at the conclusion that Schedule offence appears to have been made out he will have jurisdiction to proceed with the case. Looking to the distance between the residence of the revisionist and his sons and the place where the complaint has been lodged and looking to the pleas raised on behalf of the revisionist. I am of the opinion that the revisionist and his sons should be allowed to appear before the Special Judge, Agra through Counsel. They shall be at liberty to raise plea of jurisdiction which the Special Judge, shall decide at preliminary stage Special Judge shall exempt personal attendance of the revisionist and his sons according to the provisions of Section 205, Cr. P. C.