ROBARTO NIEDDU Vs. STATE OF RAJASTHAN, THROUGH PP

JUDGEMENT

(1.) The present Criminal Misc. Petition has been preferred against the order dtd. 5/8/2021 passed by learned ADJ (Women Atrocities Cases), Jodhpur Metropolitan in Criminal Appeal No.11/2021 filed against the order dtd. 11/2/2021 passed by Civil Judge and Jodhpur Metro Magistrate No.6, Jodhpur.

(2.) The petitioner preferred an application for rejection of complaint undertaken by the respondent- complainant under sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act of 2005')- The application preferred by the petitioner on the ground of maintainability of the complaint as being non maintainable was dismissed by the learned trial court vide order dtd. 11/2/2021. The order dtd. 11/2/2021 was assailed by the petitioner by way of filing an appeal before the appellate court and the same was also rejected by the appellate court vide order dtd. 5/8/2021. Aggrieved against the orders dtd. 11/2/2021 and 5/8/2021, the present petition has been filed.

(3.) Learned counsel for the petitioner vehemently submits that the application preferred by the respondent No.2 i.e. complainant before the trial court under sec. 12 of the Act of 2005 is not maintainable as the petitioner and the respondent No.2 are not Indian citizens and thus, are not amenable to the jurisdiction of the Act of 2005. He further submits that since the petitioner was only resident of India at that relevant point of time will not confer jurisdiction in the present case.