ANUBHAV AJMANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners in Criminal Writ Petition No.211/2016 have prayed for quashing of F.I.R. No.11/16 registered at Police Station Mahila Thana, Gwalior City and any proceedings undertaken consequent thereto. Criminal Writ Petition No.15/2017 has been preferred with a similar prayer for quashing of F.I.R. and an additional prayer of transferring the investigation of F.I.R. from Police Station Mahila Thana, Gwalior City to Police Station Mahila Thana, Gandhi Nagar, Jaipur (East). An application has been filed in Writ Petition No.211/2016 for amendment of the writ petition, seeking prayer for transferring of the investigation from Madhya Pradesh to Jaipur.

(2.) It is contended by counsel for the petitioners that this Court vide order dated 27.05.2016, waived the office objection with regard to jurisdiction, thereafter, Court vide order dated 02.06.2016, directed the Police Station (Mahila Thana, Gwalior) not to take any coercive action against the petitioners in F.I.R. No.11/16. Complainant approached the Apex Court and the Apex Court vide order dated 12.08.2016, dismissed the Special Leave Petition (SLP) as withdrawn, however, complainant was given liberty to agitate the point of jurisdiction interalia by referring to the pendency of the parallel proceedings before the High Court of Madhya Pradesh. The Apex Court further directed the High Court to deal with the plea, if raised, as expeditiously as possible without being influenced by disposal of the SLP.

(3.) Petitioners of Criminal Writ Petition No.211/2016 filed a writ petition under article 32 of the Constitution of India before the Apex Court seeking stay of proceedings before the Madhya Pradesh Courts as the matter was seized with the Rajasthan High Court. The said writ petition (Criminal No.80/2018) was dismissed by the Apex Court vide order dated 04.05.2018, with liberty to the petitioners to avail proper remedy before the appropriate forum in accordance with law and approach the High Court for earlier disposal of the case.