MUKESH RASTOGI Vs. DEEKSHA RASTOGI

JUDGEMENT

(1.) K. N. Ojha, J. Instant revision has been preferred against order dated 13-11-2000 passed by learned Chief Judicial Magistrate, Allahabad in F. R. No. 177 of 2000 summoning the accused revisionists to face the trial under Sections 498-A, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act.

(2.) HEARD Sri Shyamal Narain, learned counsel for the revisionists, Sri R. R. K. Mishra learned A. G. A. and Sri Sanjeev Ratan, learned Counsel for opposite party No. 1 and have gone through the record.

(3.) LEARNED Counsel for the revisionists submits that the statement under Sections 2000 and 202 Cr. P. C. has been made in respect of two occurrence. One relates to 11-10-1997 which is said to have taken place in New Delhi in which all the revisionists were involved, but no FIR was lodged at that time nor medical examination of injuries was got done. The another occurrence relates to 23-1-2000 in which it is said that injuries were caused by the revisionist No. 1 Mukesh Rastogi to Smt. Deeksha Rastogi at Allahabad. It is submitted by the learned Counsel for the revisionists that both the incidents relate to different time and place and there is sufficient gap of time so both the occurrence cannot be said to be in continuation of each other. It is also submitted that occurrence dated 11-10-1997 is said to have taken place in New Delhi and the Court of Chief Judicial Magistrate, Allahabad has no territorial jurisdiction to try the case except revisionist No. 1 Mukesh Rastogi. Other revisionists have no concern with the occurrence which is said to have taken place at the residence of the sister of Smt. Deeksha Rastogi on 23rd January, 2000 in Allahabad. Thus, it is submitted that the revisionists Nos. 2 to 6 cannot be summoned by the Chief Judicial Magistrate, Allahabad to face the trial in respect of the alleged occurrence which is said to have taken place in the year, 1997. This contention is opposed by the learned Counsel for opposite party No. 1. It is submitted that at the stage of summoning the accused under Section 204 Cr. P. C. only prima facie, evidence is to be considered which is sufficient for summoning the revisionist.