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2014 DIGILAW 377 (RAJ)

Tarun Kumar v. State of Rajasthan Anr.

2014-02-05

VIJAY BISHNOI

body2014
JUDGMENT 1. - This Criminal Misc. Petition has been preferred by the petitioner challenging the FIR No.85/2013 of Women Police Station, Rajsamand, mainly on the ground that after their marriage, the petitioner No.1 and the petitioner No.2 were residing at Dhariyawad, District Pratapghar and, therefore, Women Police Station, Rajsamand has no jurisdiction to register or investigate the complaint filed on behalf of the respondent No.2. 2. It is noticed that earlier the petitioner had filed a Criminal Misc. Petition No.1908/2013 before this Court against the FIR No.106/2013 of Police Station Sayara, District Udaipur and has claimed that marriage of the complainant and the petitioner was solemnised in a community marriage ceremony convened at Rajsamand and, therefore, the Police Station Sayara, District Udaipur cannot investigate the matter. 3. The submissions of the learned counsel for the petitioner in S.B. Civil Criminal Misc. Petition No.1908/2013 were recorded by this Court in the order dated 03.09.2013 as under:- "Learned Counsel for the petitioners submits that the FIR has wrongly been registered at Gogounda claiming that the complainant was married to the petitioner No.1 at that place. Learned counsel submits that the marriage of the complainant and the petitioner Tarun Kumar was solemnised in a community marriage ceremony convened at Rajsamand under the auspices of the Jain Ekta Manch, Mewar. Learned counsel submits that the petitioners be permitted to submit a representation to the Investigating Officer detailing all these facts and for showing that the marriage of complainant took at Rajsamand. He submits that in the event these facts are found to be correct, the Investigating Officer be directed to send the FIR to the concerned Police Station." 4. This Court after considering the submission of the counsel for the petitioner has passed the following order on 03.09.2013:- "The prayer appears to be reasonable. Accordingly, the petitioners are given liberty to file a detailed representation to the Investigating Officer. The Investigating Officer shall examine the documents filed by the petitioners and make an enquiry about the place where the complainant was actually married to the petitioner Tarun Kumar. If it is found that the complainant was married to the petitioner Tarun Kumar at Rajsamand and if no act of cruelty her took place with her in the territorial jurisdiction of the Police Station Sayara, the Investigating Officer shall send the FIR and the documents to the Police Station Rajsamand for investigation. The misc. If it is found that the complainant was married to the petitioner Tarun Kumar at Rajsamand and if no act of cruelty her took place with her in the territorial jurisdiction of the Police Station Sayara, the Investigating Officer shall send the FIR and the documents to the Police Station Rajsamand for investigation. The misc. petition and the stay application are disposed of accordingly." 5. It is noticed that on the objection of the petitioner, this Court granted liberty to the petitioner to file detailed representation to the Investigating Officer and has given direction to the Investigating Officer that if it is found that the complainant was married to the petitioner at Rajsamand and if no act of cruelty took place with her in the territorial jurisdiction of the Police Station Sayara, the Investigating Officer shall send the FIR and the documents to the Police Station, Rajsamand for Investigation. It appears that as per the directions given by this Court on 03.09.2013 the FIR No.85/2013 is registered at Women Police Station, Rajasamand. 6. In such circumstances, filing of this Criminal Misc. Petition by the petitioner is not bona fide, and it is only an attempt on the part of the petitioner to abuse of the process of the Court.Hence, no interference is called for and this Criminal Misc. Petition is dismissed. *******