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Judgment
B.N. Karia, J
By way of present application, the applicants have prayed to quash and set aside the FIR being CR No. 11210050201269 OF 2020 registered with
Rander Police Station, Districrt Surat for the offence punishable under Sections 498A, 323, 504 and 114 of the Indian Penal Code and further prayed
to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicants.
It was submitted by learned advocate for the applicants that on perusal of the allegations made in the FIR any cause of action or part of cause of
action had not arisen at Surat. The Rander Police Station was therefore duty bound to transfer the FIR to police Station at Ahmedabad where as per
the allegations of respondent no.2 cause of action or part of cause of action had occurred. The Investigating Officer however after registering the FIR
commenced investigation at Surat and called upon and arrested the applicants at Surat. The investigation of crime in connection with the impugned
FIR by the Investigating Officer of Rander Police Station, District Surat is without jurisdiction and abuse of process of Court. That, the applicants
were released on regular bail by competent court of law.
Issue requires consideration.
Notice returnable on 29th July 2021. Learned APP waives service of notice for and on behalf of the respondent No.1-State.
No charge-sheet shall be filed by the investigating officer against the applicants till the returnable date.