SWARANJIT JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Swaranjit Jain has filed this petition under Section 186(b) of the Code of Criminal Procedure read with Article 227 of the Constitution of India for a direction that the proceedings in the Court of Chief Judicial Magistrate Alwar, on a chalan presented under section 173 of the Code of Criminal Procedure on the basis of FIR No. 115 registered at Police Station Sadar, Alwar, on 10th May, 1981, against the petitioner and others be discontinued as the same offences for which the proceedings have been taken up before the said Court have already been taken cognizance of by the Judicial Magistrate First Class, Ludhiana, and the trial of the same is pending. The facts, which gave rise to this petition are that Messers Modern Syntax (India) Ltd., Alwar, through its General Manager got FIR No. 115 registered at Police Station Sadar, Alwar, on 10th May, 1981, under Section 408, 420, etc. of the Indian Penal Code. The Directors and the General Manager of that company got another FIR No. 153 dated 13th May, 1981, registered at Police Station Division No. 3, Ludhiana, through their transporters Messers Yadav Transport Service.

(2.) The main plea of the petitioner that the Ludhiana Court had earlier taken cognizance of the offence on almost the same facts and that the offence, if any, has been committed at Ludhiana. So, the Court at Alwar in Rajasthan has no jurisdiction to try the case. The petitioner has, therefore, prayed that the proceedings in Alwar Court may be ordered to be discontinued. Mr. D.S. Keer, learned counsel for the State of Punjab, and Mr. M.L. Nanda, learned counsel for the complainant, have relied on a Single Bench judgment of this Court rendered by S.C. Mital, J. in Criminal Misc. No. 4692-M of 1982 Dilip Singh Canwar v. The State of Punjab and another, 1983 1 RCR(Cri) 421on 15h March, 1983, wherein the co-accused of the petitioner, namely, Dilip Singh Canwar had moved the petition on the same grounds and in the same terms. A copy of the judgment in that case had been placed on record of this case. His Lordship did not find any merit in the contention raised by Dilip Singh, the co-accused of the present petitioner, and dismissed the petition after recording a very detailed order. In view of the aforesaid judgment of S.C. Mittal, J. I have no option but to dismiss this petition. Accordingly, the present petition is dismissed. Cr. M. 4042 of 1983 is also dismissed having infructuous.