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Rajasthan High Court - Jodhpur
Kishan Gurjar vs State Of Rajasthan (2026:Rj-Jd:9113) on 16 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9113]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2418/2025
Kishan Gurjar S/o Sh. Satyanarayan, Aged About 25 Years,
Resident Of- Udeshi Kunwa, Police Station- Bagdinagar, District-
Pali (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Govt. Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
2. The State Of Maharashtra, Through Chief Secretary,
Ministry Of Horne, Govt. Of Maharashtra, Mumbai (Raj.).
3. The Director General Of Police, Mumbai (Maharashtra)
4. The Commissioner Of Police, Thane City, (Maharashtra).
5. Station House Officer, Police Station Kalwa, District-
Thane (Maharashtra).
6. Shri Krishna Gore, Investigating Officer-Cum Sub-
Inspector, Police Station- Kalwa, District- Thane
(Maharashtra).
----Respondents
For Petitioner(s) : Mr. Muktesh Maheshwari
Mr. Gaurav Choudhary
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/02/2026
1. The instant Criminal Writ Petition under Article 226 of the
Constitution of India r.w. Section 528 of the BNSS, 2023 has been
preferred by the petitioner for quashing of the FIR No. 1729/2024
registered at the Police Station Kalwa District Thane, Maharashtra
and prayed for issuance of directions to the respondent not to
harass the petitioner.
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[2026:RJ-JD:9113] (2 of 4) [CRLW-2418/2025]
2. Briefly stated the facts of the case are that the FIR No.1729
dated 31.12.2024 registered at Police Station Kalwa/Kalva, Thane,
concerning an alleged online trading fraud conducted through a
WhatsApp group administered by one "Anaya" and linked
websites, pursuant to which the complainant allegedly transferred
monies to certain beneficiary accounts. The FIR is lodged against
unknown persons and does not name or attribute any role to the
Petitioner, Kishan Gurjar, resident of District Pali, Rajasthan.
Subsequently, the Investigating Officer has sought to implicate the
Petitioner solely on the basis of a disclosure statement of an
arrested accused, though in the IO's own remand communication
the Petitioner is reflected merely as a "suspected person" without
any assigned overt act, monetary trail, digital linkage, recovery, or
incriminating material.
2.1. It is further alleged that on 15.07.2025 the IO visited the
Petitioner's residence at Pali and demanded ₹25,00,000/- from his
father, threatening false implication in multiple cases without
producing any warrant or notice.
2.2. During the entire alleged transaction period (12.09.2024 to
07.11.2024), the Petitioner was employed in Dubai (U.A.E.) as
Finance Manager with M/s Vinayak Express Design and Artwork
Service Co. Hence, the present petition.
3. I have heard the counsel for the parties and minutely gone
through the FIR impugned as well as other material available on
record.
4. Upon meticulous consideration of the pleadings, the material
placed on record, and the submissions advanced, this Court finds
that FIR No.1729 dated 31.12.2024 stands registered at Police
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[2026:RJ-JD:9113] (3 of 4) [CRLW-2418/2025]
Station Kalva/Kalwa, Thane, State of Maharashtra, where, as per
the recitals in the First Information Report itself, the alleged
offence is stated to have been committed. The situs of the alleged
criminality, the locus of the complainant, and the investigative
authority are all indubitably anchored within the territorial
confines of the State of Maharashtra.
4.1. It is neither pleaded nor demonstrably established that any
fragment, component, or constituent part of the alleged cause of
action has arisen within the territorial jurisdiction of this Court. No
overt act, transaction, consequence, or investigative step is shown
to have occurred within the State of Rajasthan so as to confer
even a fractional nexus with this forum. The mere residence of the
Petitioner within this State, absent any legally cognizable
connecting factor, does not ipso facto vest this Court with
territorial competence to entertain the present petition.
Territorial jurisdiction, being foundational and not merely
procedural, strikes at the very root of adjudicatory authority. In
the absence of any jurisdictional substratum, this Court would
transgress the limits of its constitutional mandate were it to
assume supervisory or inherent powers over a criminal proceeding
instituted and being investigated entirely beyond its territorial
domain.
5. Consequently, this Court is constrained to hold that the
present petition is not maintainable for want of territorial
jurisdiction and is liable to be dismissed on that ground alone,
without entering into the merits of the allegations or the
contentions urged by the Petitioner. Hence the instant Criminal
Writ Petition is hereby dismissed. However, dismissal on this
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[2026:RJ-JD:9113] (4 of 4) [CRLW-2418/2025]
preliminary ground shall not be construed as an expression on the
substantive merits of the controversy. The Petitioner remains at
liberty to avail himself of such remedies as may be permissible in
law before the Court of competent jurisdiction, should he be so
advised, for redressal of any grievance that he bona fide
perceives.
(FARJAND ALI),J
166-Mamta/-
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