NIKITA HITESH SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of criminal Procedure, 1973 for quashing the proceedings being C. Case No.6573 of 2009 pending before the Judicial Magistrate, 5th Court, Alipore, South 24-Parganas under Section 380/385 of the Indian Penal Code.

(2.) THE petitioner Nikita Hitesh Shah filed the instant revisional application challenging the order dated 24th September, 2009 passed by the Ld. Magistrate 5th Court, Alipore, South 24-Parganas wherein Ld. Magistrate has passed an order issuing process against the petitioners under Section 380/385 of the Indian Penal Code.

(3.) LD . Magistrate while passing the impugned order did not comply with the mandatory provisions of Section 202 of the Code of Criminal Procedure. Admittedly, the petitioners are residing outside the Territorial Jurisdiction of the Ld. Magistrate. The order directing issuance of process against the petitioners without complying mandatory provisions under Section 202 of the Criminal Procedure Code is totally illegal and misuse of the process of law.