[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.

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 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