Crl. Misc. No.M-52175 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-52175 of 2007 Date of Decision: 6 - 10 - 2010 Thomas John .....Petitioner v. Shingara Singh .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.H.S.Gill, Sr. Advocate with Mr.Vivek Goyal, Advocate for the petitioner. None for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner is a resident of Bangalore (Karnataka). He seeks quashing of complaint dated 28.9.2005, Annexure P1, instituted in the Court of Judicial Magistrate Ist Class, Faridkot as well as order dated 17.12.2005, Annexure P2, whereby he was summoned to stand trial for offence under Section 3(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 506 and 323 IPC. In the present petition, it has been specifically stated by the petitioner that after 1975 he has not visited Faridkot and the complaint has been instituted against him at the behest of one Dr.Ram Gopal Gupta, with whom he had a commercial dealing at Bangalore. Crl. Misc. No.M-52175 of 2007 [2] To ward of filing of frivolous and vexatious complaints, the Code of Criminal Procedure, 1973 has introduced an amendment in Section 202 Cr.P.C. which requires the Magistrate to postpone the issue of process against the accused in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction. I have perused the summoning order. No where the Magistrate had applied his mind regarding the fact that petitioner is a resident of Bangalore and is residing in the area which does not fall within the jurisdiction of learned Magistrate. Counsel for the petitioner has relied upon S.K.Bhowmik v. S.K.Arora and another, 2007(4) R.C.R. (Criminal) 560 to contend that it was necessary for the Magistrate to hold an enquiry as envisaged under Section 202 Cr.P.C. I have also perused the judgment rendered in S.K.Bhowmik's case (supra) and am in agreement with the ratio of law laid down therein. Hence, the summoning order is set aside and the matter is remanded back to the Area Judicial Magistrate, Faridkot, who shall comply with the provisions of Section 202 Cr.P.C and then formulate an opinion whether the petitioner is required to be summoned or not. With the aforesaid observations, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) October 6, 2010. JUDGE RC