RAJNESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BOTH these petitions involve identical questions of law and hence the same are being disposed of by this common order. For convenient disposal of both these petitions, the facts given in Crl. Misc. No.M -4606 of 2013 are being taken up for consideration.

(2.) THE petitioners have approached this Court through the present petitions for quashing of FIR No.121 dated 30.8.2011 under Sections 420, 327, 347, 348, 386, 387, 392, 394, 395, 149, 120 -B IPC, registered at Police Station Udyog Vihar, Gurgaon, District Gurgaon, the report under Section 173 (2) CrPC dated 16.7.2012 and all subsequent proceedings arising therefrom.

(3.) LEARNED counsel for the petitioners submits that procedure provided under Section 202/210 CrPC has not been followed by the Court, whereas, the same is mandatory. The accused is residing outside territorial jurisdiction of learned Magistrate into and in that situation either the matter was to be enquired by the Magistrate himself or a direction should have been issued to the police to investigate the same.