- (1.) The above two writ petitions are inter-connected and, therefore, they are being disposed of together.
(2.) The petitioners have been summoned under Sections 420 and 120-B, I. P. C., vide order dated 25/09/1996 passed by Chief Judicial Magistrate, Ghaziabad. The petitioners filed an application for recall of the order on the ground that the court has no territorial jurisdiction to try the case and on the ground that the case is of a civil nature and no criminal offence is made out. The application for recall of order has been rejected by lxth A. C. J. M., Ghaziabad, vide order dated 17/05/1997, a copy of which is Annexure-7 to the petition. Being aggrieved against the rejection of recall application, the petitioners filed a revision before the Court of Session which has been dismissed by Xth Addl. Sessions Judge, Ghaziabad on 10/07/1998, vide Annexure-8 to the petition. Under these circumstances the present writ petitions have been filed.
(3.) I have heard Sri G. C. Saxena, learned counsel for the petitioners, Sri N. K. Chaturvedi, learned counsel for respondent No. 2 and the A. G. A. for the State.;