SAMEER MOHAMMAD AND ORS. Vs. STATE OF RAJ. AND ANR.
LAWS(RAJ)-2008-9-121
HIGH COURT OF RAJASTHAN
Decided on September 16,2008

Sameer Mohammad And Ors. Appellant
VERSUS
State of Raj. And Anr. Respondents

JUDGEMENT

G.S. Sarraf, J. - (1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed for quashing the FIR No. 97/2006 registered at Mahila Thana, Jaipur (North) under Ss. 498A and 406 IPC. Brief facts giving rise to this misc. petition are that the respondent No. 2 Heena Kausar lodged a report on 18.9.2006 at the Mahila Thana, Jaipur (North) which was registered as FIR No. 97/2006 under Ss. 498A and 406 IPC. The petitioners have filed this petition principally on the ground that the Mahila Thana, Jaipur (North) has no jurisdiction in the matter and, therefore, the FIR is liable to be quashed.
(2.) Heard learned counsel for the petitioners, learned P.P. and learned counsel for the respondent No. 2.
(3.) Learned counsel for the petitioners has contended that no offence has been committed at Jaipur and no cause of action or part thereof has arisen at Jaipur and, therefore, Mahila Thana, Jaipur (North) has no jurisdiction in the matter. He has contended that the respondent No. 2 Heena Kausar after the marriage started to live with her husband the petitioner No. 1 Sameer Mohammad at Chittorgarh where all the acts of cruelty are alleged to have been committed and there is no allegation in the FIR that any act of cruelty has been committed at Jaipur. He has further contended that there is no allegation in the FIR that any article given in dowry at the time of marriage or thereafter was entrusted at Jaipur or any demand for return was made at Jaipur. According to him even if the entire contents of the FIR are taken to be true, the Mahila Thana, Jaipur (North) has no jurisdiction to register the case there.;


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