Uttarakhand High Court
Unknown vs Rajesh Agrawal on 27 December, 2024
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C528 No. 1044 of 2024
Hon'ble Ravindra Maithani, J.
Mr. D.C.S. Rawat, Advocate for the
petitioner.
Mr. Siddharth Bisht, A.G.A. for the State.
The challenge in this petition is made to
the following:-
(i) Impugned order dated
26.07.2024 passed in Criminal
Case No. 1461 of 2022, State
Vs. Rajesh Agrawal, by the
court of Civil Judge (Junior
Division)/ Judicial Magistrate
(First Class), Kotdwar, Pauri
Garhwal (“the case”).
(ii) Judgment and order dated
27.09.2024, passed in Criminal
Revision No. 13 of 2024,
Rajesh Agrawal Vs. State of
Uttarakhand, by the court of
Additional Sessions Judge,
Kotdwar, Pauri Garhwal.
(iii) Charge dated 11.11.2024 for
the offences punishable under
Section 498A, 323, 504 and
506 IPC framed by the court
of Judicial Magistrate (First
Class) Kotdwar, District Pauri
Garhwal.
The case is based on the FIR lodged by
the private respondent with regard to the
offences under Section 498A, 323, 504 and 506
IPC and Section 3/4 of the Dowry Prohibition
Act, 1961, Police Station Kotwali Kotdwar,
District Pauri Garhwal.
Learned counsel for the petitioner would
submit that the court in District Pauri Garhwal
has no jurisdiction in the matter because the
victim/ respondent no.2 is staying in Jaipur,
alongwith her in-laws and in her statement
given during investigation, she has revealed
that she is staying there. She has filed FIR in
Jaipur also, but when not action was taken,
she filed another FIR in Kotdwar. He would
submit that it is not a case where the victim
had taken trauma to her father house. The
victim is staying in her in-law’s house in
Jaipur. The cause of action arises there and
stayed there and it never shifted to Kotdwar.
Therefore, the court at Kotdwar had no
territorial jurisdiction.
Having considered, this Court is of the
view that this matter requires deliberation.
Issue notice to the respondent no.2. Steps
to be taken within a week.
List on 13.03.2025.
Till the next date of listing, operation of
the impugned order shall remain in abeyance.
Stay Application No. 1 of 2024 stands
disposed of accordingly.
(Ravindra Maithani, J.)
27.12.2024
Jitendra