S.P. Pathak, J. - (1.) This criminal misc. petition under section 482 Cr.P.C. has been filed against the order dated 27th January 2005 passed by the Additional Civil Judge (Junior Division) and Judicial Magistrate, First Class No.11, Jaipur city, Jaipur in Criminal Complaint No.1577/2003- Sudhir Gupta and another v. Indira Mayaram and others , by which the learned Magistrate has dismissed the complaint on account of lack of territorial jurisdiction.
(2.) Briefly stated, the facts giving rise to the present misc. petition are that on behalf of petitioners a complaint was filed by the power of attorney Mr. Mahendra P. Gupta in the court of Additional Chief Judicial Magistrate No.11, Jaiur city, Jaipur on 6.11.2003. It was, inter-alia, alleged in the complaint that non petitioner no.2 is the mother of non-petitioner no.3 who is a senior IAS officer and non-petitioner no. 4 is the office bearer of Lord Krishna Housing Society which is situated in Vazirabad, Gurgaon and was registered in the year 1991 and its registration number is 602. It was also alleged that each of the petitioner purchased plots in the said housing society measuring 500 sq.yds. and they were also issued allotment letters. The respondents on being assured that the possession of the plots would be handed over to them and the needful in the matter regarding development of the land was being done, they did not hand over possession of the plots and ultimately non-petitioner nos. 2 and 3 when approached at their residence at Jaipur, they declined to hand over possession and stated that plots allotted to them have been sold to others. It was also alleged that non-petitioners have hatched a conspiracy, prepared false documents in relation to plots allotted to them, transferred the same to some other persons to earn undue profit and thereby committed an offence punishable under sections 420, 467, 471 and 120-B IPC.
(3.) The learned Magistrate vide order dated 6.11.2003 sent the above complaint for investigation under section 156(3) Cr.P.C. to the police station Ashok Nagar, Jaipur. The trial court vide order dated 6.4.2004 on the report submitted by the police station Ashok Nagar, Jaipur, that the matter was not required to be investigated as it was not in their territorial jurisdiction, passed an order that notice be issued to the SHO police station Ashok Nagar, Jaipur as to why he did not register a case and also directed him to remain present in the court personally. On 27.1.2005 on behalf of SHO, one Mangu Singh, SI put in appearance and made submissions before the court. The learned trial court finding that the court was not having jurisdiction in the matter dismissed the complaint.;