TARUN KUMAR & ORS. Vs. STATE OF RAJASTHAN & ANR.
LAWS(RAJ)-2014-2-253
HIGH COURT OF RAJASTHAN
Decided on February 05,2014

Tarun Kumar And Ors. Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Vijay Bishnoi, J. - (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.";


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