HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 67 A.F.R.Case :- APPLICATION U/S 482 No. - 4191 of 2020 Applicant :- Sachin Dahiya And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Naveen Tiwari Counsel for Opposite Party :- G.A.Hon'ble Rahul Chaturvedi J.[1] Heard Shri Naveen Tiwari and Sri Prashant Manchanda, learned counsels for the applicants and learned A.G.A. and perused the record.[2] This is an application under section 482 Cr.P.C. filed by learned Counsels for the applicants.After hearing the arguments at length, learned counsel has raised certain vital legal issues emanating from perusal of the impugned summoning order dated 02.05.2019 passed by learned Additional Chief Judicial Magistrate, Room No. 12, Baghpat in Complaint Case No. 710/2018 U/s 406[3] Learned counsel for the applicant has pointed out serious legal fallacy and flaws in the impugned summoning order dated 02.05.2019 as the same is in direct and stark defiance of the true spirit of Section 202(1) of Cr.P.C., thus, the Court proposes to evaluate the submissions of learned counsel for the applicant and decide the issue at the admission stage itself.[4] Before discussing the legal aspect of the issue, it is imperative to give a brief factual insight of the case so as to appreciate the controversy involved in its correct legal perspective;[5] The applicants have invoked extraordinary jurisdiction of this Court under section 482 Cr.P.C., by challenging summoning order dated 02.05.2019 passed by the Additional Chief Judicial Magistrate, Room No. 12, Baghpat in Complaint case filed by opposite party no.2 In re: Sureshwati Vs.Kadam Singh Dahiya and others in Complaint Case No. 710/2018 U/s 406 I.P.C., Police Station Binolli, District Baghpat and the entire proceeding of Complaint Case including the non-bailable-warrants dated 02.01.2020 against the accused/applicants procuring their attendance to face the prosecution under section 406 IPC.[6] Applicant no.1, Sachin Dahiya is the husband of Ms. Priya (hence deceased) and applicant nos.2 and 3 are the father-in-law and mother-in-law respectively of the deceased daughter-in-law.During their stay at Delhi, applicant no. 1 got married with daughter of opposite party no.2 on 28.11.2014 at Delhi itself.[7] Learned counsel for the applicants submits that after camouflaging her real address, opposite party no.2 initiated the present criminal case at Baghpat, projecting that she is permanent resident of District Baghpat and this manipulation was done by her, just to harass the applicants and torpedo the applicants with number of criminal cases against them at different places.It is asserted by the learned counsel for the applicants that the real and permanent address of opposite party no.2 is RZ-C 109, Vinodpuri, Vijay Enclave, Palam Davari Road, Delhi but she has obscured her true and permanent address and just to create the territorial jurisdiction at Baghpat, managed to get the complaint filed at Baghpat judgeship.On the same day a first information report No. 654/2015 was got registered under sections 498A, 304B and 34 I.P.C. at Police Station Adarsh Nagar, Delhi and police too after investigation, has submitted its report under section 173(2) Cr.P.C. under the aforementioned sections of Penal Code.[9] Contentions raised by counsel for the applicants are that neither in the first information report nor during investigation there was any whisper regarding criminal breach of trust or misappropriation of valuable belongings of Ms. Priya, ergo, the police submitted its report under the aforementioned sections of Penal Code.[11] The learned counsel for the applicants has drawn attention of the court to the testimony of opposite party no.2 recorded as PW-18 before Sri Ramesh Kumar, Additional Sessions Judge, Court No.5 (North), Rohini Court, Delhi during the trial of FIR No. 654/2018, In re: State Vs.While giving her deposition as PW-18, she introduced herself as Smt. Sureshwati wife of late Shri Raj Kumar Rana resident of RZ-C, 109, Vinodpuri, Palam, Vijay Enclave, Delhi.Thus contended that in the present complaint case, she has mislead the court, by demonstrating wrong address at village Dhanora, Silvar Nagar Police Station Vinolli, Baghpat U.P. for that purpose and it is vigorously contended that the learned Magistrate has probably overlooked this legal fallacy and entertained the said complaint case filed by complainant Ms. Sureshwati, without verifying her correct proper address.Besides this, it is also canvassed that daughter of opposite party no.2 had initiated proceeding before Crime Against Women Cell, (CAW Cell), Delhi in year 2015 wherein a list of articles were furnished by opposite party no.2 and responding to that list, the applicants have already handed over those articles, lying in the sealed flat, during course of trial at Delhi.Contentions raised, that before every upcoming forum, she painted new picture and new list of the articles.[12] This Court while entertaining the instant 482 application ex-parte, is not in position to adjudicate anything on factual merits of the case, with regard to submission advanced by the learned counsel for the applicants with regard to alleged discrepancies in the list of articles but certainly the Court can arbitrate and gauge the territorial jurisdiction of the court and the process adopted by the learned Magistrate while passing the cognizance order dated 02.05.2019 for the offence under section 406 IPC while summoning the applicants.[13] Contention raised by the counsel for the applicants that the learned Magistrate lacks territorial jurisdiction to entertain the instant complaint case on the ground that- contesting parties are permanent residents of Delhi; the marriage was solemnized at Delhi; unfortunate incident of demise of daughter of opposite party no.2 took place at Delhi and the applicants are facing prosecution under section 304B I.P.C. and allied sections pending before the competent Sessions Judge at Rohini Court, Delhi.

Sections cited: Section 406 in The Indian Penal Code, Section 304B in The Indian Penal Code, Section 498A in The Indian Penal Code, Section 200 in The Indian Penal Code, Section 34 in The Indian Penal Code