NARENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 438 of Cr. P. C. by mr. S. K. Gupta Advocate on behalf of the applicants pertaining to F. I. R. No. 90/2009 of police station Salumbar, District Udaipur, in the offences under Sections 498-A, 323 and 452 of ipc.

(2.) HEARD the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioners has canvassed that they belonged to District bharatpur but the FIR by the complainant, has been lodged at Salumbar, District Udaipur. Though, the incident did not take place there, but with a view to drag the petitioners, jurisdiction of Salumbar court has been created resting on false allegations. Learned counsel has further contended that the petitioners have been facing a problem of jurisdiction, inasmuch as the whole division of Udaipur has been on strike. Similarly, the lawyers at Jodhpur also have been on strike, hence, they stand restrained from filing application under Section 438 of Cr. P. C. at both the places viz. Sessions court Salumbar and Rajasthan High Court at jodhpur. The petitioners have been falsely implicated. The FIR has been lodged after an inordinate delay of one and a half month of the occurrence. The arrest of the petitioners is not required for any purpose, hence, they may be granted indulgence of anticipatory bail.