OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated July 6, 1992, passed by the Additional Munsif and Judicial Magistrate, First Class, Deedwana, by which the learned Magistrate observed that the Court has no jurisdiction in the matter. The learned Magistrate sent the case to the learned Chief Judicial Magistrate for sending it to the competent Court having the jurisdiction as he himself had no jurisdiction in the matter.

(2.) MADAN Lal and Smt. Shyama filed a complaint against the present petitioners in the Court of the Munsif and Judicial Magistrate, First Class, Deedwana, for the offences under Sections 406, 420, 495, and 120-B I. P. C. The learned Magistrate, by his order dated May 18, 1987, took cognizance against the petitioners. Dissatisfied with the order, passed by the learned Magistrate taking cognizance, the petitioners preferred a revision petition before the learned Sessions Judge, Merta, which has partly allowed and the matter was remanded to the learned Magistrate for deciding the question of jurisdiction as the first question, if any application is moved by the accused in this connection. After the remand of the case, the petitioners moved an application on June 19, 1989, challenging the jurisdiction of the Court of the Munsif and Judicial Magistrate, Deedwana. This application was dismissed by the learned Magistrate. The petitioners approached this Court and this Court, vide its order dated November 19, 1991, directed the learned Magistrate to allow both the parties to lead their evidence and to decide the question of jurisdiction within the period of eight months from the date of submission of the copy of the order. The complainant did not lead any evidence on the point of jurisdiction, but moved an application under Section 322 Cr. P. C. on May 27, 1992, informing the Court that the Court has no jurisdiction and therefore, the matter may be referred to the learned Chief Judicial Magistrate to send it to the competent Court having the jurisdiction. This application was, also, opposed by the accused and it was stated that the provisions of Section 322 Cr. P. C. are not applicable in the present case, rather the provisions of Section 201 Cr. P. C. are applicable and, therefore, the complaint should be returned to the complainant for presenting the same before the Court having the jurisdiction. The learned Magistrate disallowed the objections raised by the accused and by his order dated July 6, 1992. referred the case to the learned Chief Judicial Magistrate for sending it to the competent Criminal Court. It is against this order that the present miscellaneous petition has been filed.