IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-21277 of 2009(O&M) Decided on : 20.08.2010 Sudesh Devi @ Babi ... Petitioner versus Neha Rani ... Respondent CORAM: HON'BLE MR. JUSTICE GURDEV SINGH Present : Mr. M.S.Dhami, Advocate for the petitioner. Mr. Manohar Dadwal, Advocate for the respondent. **** GURDEV SINGH, J. Heard. The petitioner – Sudesh Devi has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.31 dated 14.08.2008 under Sections 406 and 498-A IPC (Annexure P-1), summoning order dated 04.04.2009 (Annexure P-2) and consequent proceedings arising therefrom. However, at the time of arguments, the petitioner confined his prayer regarding the quashing of the summoning order on the ground that the petitioner was not residing within the jurisdiction of Judicial Magistrate, Mukerian and still no inquiry was conducted under Section 202 of the Code of Criminal Procedure before summoning the petitioner. That proposition of law has been conceded to by the learned counsel for the respondent. The Magistrate was required to conduct an inquiry under Section 202 of the Code of Criminal Procedure before issuing any process against the petitioner as she CRM No.M-21277 of 2009 -2- was not residing within his jurisdiction and was resident of District Chamba (H.P.). It is the sufficient ground for quashing the summoning order against her and I order accordingly. The Magistrate is directed to conduct an inquiry under Section 202 of Cr.PC before issuing any process against the petitioner. Petition is disposed of accordingly. August 20, 2010 (GURDEV SINGH) sonia JUDGE