S.C.CHAURASIA,J. - (1.) HEARD the learned Counsel for the petitioners, learned A.G.A. and perused the record.
(2.) THIS petition under Section 482 Cr.P.C. has been filed with the prayer that the entire proceedings of complaint case No. 7539 of 2008, including the summon­ing order dated 15-4-2009, under Sections 323,506,498-A, I.P.C. and 3/4 of the Dowry Prohibition Act, P.S. Kotwali, District-Kheri, pending in the Court of Chief Judicial Mag­istrate, Kheri, may be quashed. The learned Counsel for the peti­tioners has submitted that from the alle­gations made against the petitioners, no offence has been made out against them; that the Court at Lakhimpur Kheri, has no jurisdiction to take cognizance and to pass the summoning order and the sum­moning order is without jurisdiction; that the rulings mentioned in the impugned or­der dated 15-4-2009, are not applicable to the instant case; that the learned Mag­istrate without applying its judicial mind, has summoned the petitioners illegally and hence, the summoning order and the complaint case, deserve to be quashed.
(3.) THE learned A.G.A. has drawn my attention, towards para 8 of the applica­tion moved under Section 156(3) Cr.P.C., which has been treated as a complaint case and has submitted that the part of the cause of cation has arisen at District-Lakhimpur Kheri, and hence, the Court at District-Lakhimpur Kheri, has jurisdic­tion to summon the accused. He has fur­ther submitted that an offence under Sec­tion 498-A, is a continuing offence. He his also drawn my attention towards Sec­tion 179, Cr.P.C. His contention is that the learned Magistrate, after applying its judicial mind, has summoned the accused rightly and no interference is called for by this Court in the summoning order.;