- (1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioners for quashing the FIR No.19/2014 lodged at Police Station Women, Bikaner against the petitioners for the offences punishable under sections 498-A, 406 and 323 IPC.
(2.) While assailing the impugned FIR, learned counsel for the petitioners has confined his challenge up to the jurisdiction of the police of District Bikaner to investigate into the allegations levelled in the FIR. Hence, the only issue for consideration in this criminal misc. petition is whether the Women Police Station, Bikaner can investigate into the allegations levelled in the FIR Brief facts of the case are that respondent No.2 has lodged the impugned FIR alleging ill treatment by the petitioners after her marriage with the petitioner No.1 at Jaipur. It is alleged in the FIR that after solemnization of her marriage with petitioner No.1 on 09.11.2008 at Jaipur, she was subjected to ill treatment and harassment by the petitioners when she was living with them in her matrimonial home at Jaipur. It is further alleged that the petitioners had demanded money and a car in dowry and when the same were not given to them, all the petitioners abused her with filthy language and tortured her by beating. It is also alleged that ornaments belonging to her were taken by mother-in-law and were not returned. Details of several specific incidents have also been given in the impugned FIR while claiming that the respondent No.2 was subjected to cruelty committed by the petitioners, however, all the incidents mentioned in the impugned FIR are said to have taken place in matrimonial home at Jaipur.
(3.) Learned counsel for the petitioners has questioned the territorial jurisdiction of the Women Police Station, Bikaner to carry out the investigation into the allegations levelled in the FIR while contending that from wholesome reading of the FIR, it is clear that none of the alleged incidents of cruelty, criminal breach of trust and voluntarily causing hurt had taken place at Bikaner, therefore, the Police Station at Bikaner has no jurisdiction to investigate into the allegations levelled in the FIR as per section 177 CrPC. In support of the above arguments, learned counsel for the petitioners has placed reliance on decisions of Hon'ble Supreme Court in Y.Abraham Ajith & Ors. vs. Inspector of Police Chennai & Anr., 2004 AIR(SC) 4286 Manish Ratan & Ors. vs. State of M.P. & Anr., 2007 1 SCC 262 and Bhura Ram & Ors. vs. State of Rajasthan & Anr., 2008 AIR(SC) 2666 as well as of this Court in Dr. Ashok Pasricha & Ors. vs. State of Rajasthan,1999 1 RCC 292; Kumari Suman & Ors. vs. State of Rajasthan & Anr., 2006 CrLJ 4187; Roop Singh & Ors. vs. State of Rajasthan & Anr.,2008 3 RCC 1073; Sameer Mohammad & Ors. vs. State of Rajasthan & Anr.,2008 3 RCC 1343 and Mohammad Ameen & Anr. vs. The State of Rajasthan & Anr.,2009 32 Criminal 161.;