SWARAN KALRA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners have approached this Court under Section 482 Cr.P.C. for quashing the proceedings and order passed by the learned Judicial Magistrate Ist Class(II), Kangra, District Kangra, Himachal Pradesh, who vide order dated 25.06.2012 issued process against the petitioners in Complaint No. 16 -I/2014 filed under Sections 186 and 189 IPC.

(2.) COMPLAINT was filed by respondent No. 2, who at the relevant time was posted as ASI, Police Station, Nagrota Bagwan, District Kangra, against the petitioners under Sections 186 and 189 IPC alleging that when he along with other police officials visited Dehradun (Uttrakhand) as had been directed by the Court of learned SDM, Kangra, he was obstructed from discharging his duties by a mob of 50 -60 persons which included the petitioners. It is averred that he had gone to Dehradun for search of house of one Shri Kamal, son of Shri Lekh Raj as the allegation against him was that he had confined one Renu daughter of Vijay Giri, there.

(3.) THE petitioners have questioned the order passed by the learned Magistrate primarily on the ground of jurisdiction as it is claimed that since the alleged offence, if at all committed, had been committed at Dehradun, it was the Court at Dehradun alone, who would have jurisdiction to try the complaint.