1. Heard Sri Anadi Krishna Narayana, learned counsel for petitioner and Sri Mahesh Kumar Shukla, Advocate holding brief of learned counsel for respondent no.2 as well as learned AGA.
2. By means of present petition, petitioner has assailed the entire proceedings of Complaint Case No.2367 of 2022 (Ali Mohammad Vs. Muveen and others) pending before learned Civil Judge (J.D.)/Judicial Magistrate, Jalesar, Etah and summoning order dated 01.02.2024 issued by learned court concerned in the said case as well as order dated 19.07.2022 passed by learned court concerned through complaint preferred by respondent no.2 was directed to be registered as complaint case.
3. Learned counsel for petitioner has challenged the summoning order dated 01.02.2024 on several other grounds inter-alia precisely on the ground that petitioner is the resident of District Aligarh and the summoning order has been passed by learned court concerned, Etah and as such, accused/petitioner is residing outside the territorial jurisdiction and as per provision of Section 202(1) CrPC, as soon as a complaint is given before the Magistrate, he shall either inquire into the case or pass order for investigation, if the accused is residing outside the territorial jurisdiction of the Magistrate concerned. But in the complaint case, no investigation has been made by any of the above authorized persons.
