PURSHOTTAM CHAUDHARY AND OTHERS Vs. SANJAY WALIA

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No. 268/2007 dated 14.11.2007 titled as "Sanjay Walia versus Purshotam Chaudhary and others" (Annexure P -16) and the summoning order dated 30.10.2008 (Annexure P -17). Learned counsel for the petitioners has submitted that petitioners were employees of Municipal Council Parwanoo and were acting in compliance of judgment passed in Civil Writ Petition No. 1374 of 2006 by High Court of Himachal Pardesh. The property in question was situated within the jurisdiction of Parwanoo. The plea taken by the complainant that the property in question falls within the jurisdiction of district Panchkula is without any basis.

(2.) NONE has appeared on behalf of the respondent.

(3.) THUS , as per Section 202 Cr.P.C., Magistrate is required to inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit before ordering the summoning of accused who are not residing within his jurisdiction.