ANITA MOORE @ NIRMOLAK ANITA MOORE Vs. BACHHITTAR SINGH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) seeking quashing of criminal complaint No.226/1/10 under Sections 406, 420, 506/34 of the Indian Penal Code, 1860 (IPC for short) (Annexure P- 1) along with all subsequent proceedings arising therefrom including the summoning order dated 9.7.2011 (Annexure P-2).

(2.) Learned counsel for the petitioner, during the course of arguments, has restricted his prayer, at this stage, that the summoning order had been passed in violation of the mandatory provisions of Section 202 Cr.P.C. Learned counsel has submitted that the accused were residing outside the jurisdiction of the trial Court, hence, the trial Court was required to hold an inquiry as envisaged under Section 202 Cr.P.C. before summoning the petitioner as an accused. In support of his arguments, learned counsel has placed reliance on National Bank of Oman vs,Barakara Abdul Aziz and another, 2013 2 SCC(Cri) 731 wherein it has been held as under:-

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition.