Rajasthan High Court - Jodhpur
Abhishek Mathur vs State Of Rajasthan on 17 October, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4792/2022
1. Abhishek Mathur S/o Dinesh Bihari Mathur, Aged About 36 Years, R/o Flat No. 12 A 12Th Floor Aster Tower Klassic Landmark Bangalore
2. Dinesh Bihari Mathur S/o Vinod Bihari Mathur, Aged About 71 Years, R/o 203 Shyam Heaven Paradise Apartment B- 206 Rajendra Marg Bapu Nagar Jaipur
3. Dr. Nayantara W/o Dinesh Bihari Mathur, Aged About 66 Years, R/o 203 Shyam Heaven Paradise Apartment B-206 Rajendra Marg Bapu Nagar Jaipur
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Irina Mathur W/o Abhishek Mathur, R/o Flat No. 12 A 12Th Floor Aster Tower Klassik Landmark Bangalore Presently Residing At C-504 Purva White Hall Sarjapur- Marathalli Main Road Ambalipura Haralur Bengaluru- 560103
----Respondents For Petitioner(s) : Mr. Prateek Sharma For Respondent(s) : Mr. Mool Singh Bhati, P. P. Mr. C. S. Kotwani for the complainant JUSTICE DINESH MEHTA Order 17/10/2022
1. The impugned FIR No.100/2022 registered at Police Station Mahila Thana, Jodhpur City (West) dated 10.05.2022 has been challenged on the question of jurisdiction.
2. Learned counsel for the petitioners submits that the complainant - Irina Mahtur is residing in Bengaluru and the (Downloaded on 18/10/2022 at 09:11:10 PM) (2 of 2) [CRLMP-4792/2022] present FIR has been filed at Jodhpur, falsely claiming to be residing in Shashtri Nagar, Jodhpur.
3. While maintaining that the issue raised by the petitioner is not sustainable in light of judgment of Hon'ble Supreme Court in the case of Rupali Devi Vs. State of Uttar Pradesh & Ors reported in (2019) 5 SCC 384, learned counsel for the complainant asserts that the petitioner is presently residing at Shastri Nagar, Jodhpur and working virtually from home.
4. Having regard to the facts and circumstances of the case, the petitioner No.1 is directed to appear before the Investigating Officer today itself and submit his representation along with requisite documents showing that the complainant is residing in Bengaluru.
5. The Investigating Officer shall consider the same and look into the matter and apprise the Court about present residential status of petitioner No.1.
6. List the matter on 01.11.2022, along with the report.
7. Till then, the Investigating Officer shall not file final report in the Court in relation to FIR No.100/2022 registered at Police Station Mahila Thana, Jodhpur City (West).
(DINESH MEHTA),J 61-A.Arora/-
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