IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. PETITION NO. _____/2021

Smt. Seema Wife of Vinay Gared, Daughter of Shri

Ramswaroop Paraswal, Resident of Village Nagal

Purohit, Harmara, Jaipur (West), Jaipur, Rajasthan.

....Complainant-Petitioner
Versus

1. State of Rajasthan through Public Prosecutor.

2. The Commissioner Police, Commissionerate,

Jaipur.

3. S.H.O. Police Station Harmara, Jaipur.

4. Shri Shankar Lal Chhaba, Asstt. S.P. (West),

Women Atrocities, Jaipur (West), I.O. FIR No.

0324/2020 registered at police Station Mahila

Thana, Jaipur (West), Jaipur.

....Respondents

S.B. Criminal Misc. Petition under

Section 482 Cr.P.C. for fair

investigation in FIR No. 0324/2020

dated 07.12.2020 registered at Police

Station Mahila Thana Jaipur (West), for

 2

offences under Sections 498A, 406, 496,

323, 354(Ka) and 120B I.P.C. and also

for changing the investigation officer;

**********

To,
The Hon'ble Chief Justice and His Other

Companion Judges of the High Court of

Judicature for Rajasthan at Jaipur

Bench Jaipur.

May It Please Your Lordships,

The humble accused-petitioner most

respectfully submit as under :

1. That the brief facts of this case are that

complainant Smt. Seema Wife of Vinay

Gared, Daughter of Ramswaroop Paraswal

filed a complaint before the Addl. Civil

Judge and Metropolitan Magistrate No.10,

Jaipur Metropolitan, Second, Jaipur

bearing No.213/2020 under Section 190

Cr.P.C. It is stated in the complaint that

the marriage of the petitioner was

 3

solemnized on 07.12.2015 with Vinay

Gared alongwith her younger sister Sunita

with Vidhish Gared brother of Vinay Gared

and in the marriage the father of the

complainant gave dowry as per the demand

of the accused persons. At the time of

marriage the accused told to the

complainant and her family that Vinay

Gared is M.B.A. and doing job at Gurgaon

but he did not do so, he is residing at his

Nanihal and told that he was doing job at

Gurgaon. After the marriage the accused

No.2 Ashok Gared abusing to the

complainant and her younger sister and

accused No.3 also accompanying him and

taunt her to not bring the dowry of

Rs.25.00 lacs, because the doing marriage

for Rs.25.00 lacs as his son Vidhish dream

of becoming the Pilot. The accused beaten

the complainant and her sister Sunita and

regularly harassing the complainant for

not taking the sufficient dowry. They

harass in some way and other to the

complainant and her sister Sunita. The

 4

accused persons made the life difficult of

the complainant and her sister Sunita and

lastly they leave the complainant and her

sister at their parents house on

08.12.2019 and since then they are living

at their parents house etc. etc. The learned

Magistrate sent the complaint to the

concerned Police Station for investigation

under Section 156(3) Cr.P.C. Upon

receiving the complaint the police station

Mahila Thana, Jaipur (West) registered a

FIR bearing No. 0324/2020 for offences

under Sections 498-A, 406, 496, 323,

354(ka), 120B I.P.C. Certified copy of FIR

is annexed herewith and marked as

ANNEXURE-1 .

2. That after registering the FIR, the

investigation has been handed over to

investigating officer Rajbala Verma and the

investigation officer doing the investigation

in the matter properly but accused persons

with the influence have changed the

Investigation officer and given the

 5

investigation to Shri Shanker Lal Chhaba,

Dy. S.P. The complainant requested to the

present investigation officer that the Istri-

Dhan of the complainant get from the

accused and given it to the complainant

and doing proper investigation in the

matter. But the present investigation

officer Shri Chanker Lal Chhaba instead

of getting the dowry articles from the

accused and took legal action against the

accused persons, pressurizing the

complainant for doing compromise in the

present matter, otherwise he will submit

the F.R. in the matter and also proceeded

against the complainant under Section

182 Cr.P.C. It is clear that the

investigation officer is having hand in

glove with the accused.

3. That complainant aggrieved from the above

behaviour, met to concerned higher police

officials of Police also but of no avail. In

this regard the complainant gave various

representations to the concerned officials

 6

for taking appropriate investigation and

arrest the accused persons for doing

alleged crime and also change the

investigation from any honest, fair and

impartial police officer instead of present

investigation officer Shri Shanker Lal

Chhaba because she having no faith in

him that he doing justice with her. The

petitioner submitted representation to the

Commissioner, Jaipur on 01.03.2021 and

10.03.021 and Commissioner given

direction to DCP vide letter dated

03.03.2021 and 10.03.2021 and ensuring

fair investigation and also sent email to

the Chief Minister Vigilance dated

06.03.021 but nothing happened till date.

Copies of representation dated 19.02.2021,

22.02.2021, 24.02.2021, 26.02.2021,

01.03.2021 and 10.03.2021 are annexed

herewith and collectively marked as

ANNEXURE-2 .

4. That the investigation officer malafidely

not arrest the accused due to ulterior

 7

motive and political whims when there is

sufficient evidence against the accused

and accused are moving freely but no

heed was paid to the same and the

accused person is moving freely.

5. That the investigation officer not taking

any action prompt action against the

accused because of influence and used it

against the complainant.

6. That the petitioner having the grievance of

failure of the investigation officer in

imparting his official duties to investigate

the case as lodged by the petitioner in fair

and impartial manner approached the

investigation officer on several occasions

with the request that the investigation

officer should conduct the fair and

impartial investigation of the case but to

the dismay of the petitioner no heed had

been paid by the investigation officer on

the consecutive requests made by the

petitioner.
 8

7. That the petitioner is facing serious agony

at the hands of the investigation agency

also as no progress has been made in the

case of the petitioner even after the lapse

of almost four months after lodging the

first information report, as such the

petitioner is feeling aggrieved due to the

inaction on the part of the investigation

officer, as such the petitioner seeks to

prefer this misc. petition under Section

482 Cr.P.C. for fair and impartial

investigation from any other police officer,

inter alia, on the following grounds :

GROUNDS

(A) Because the action of the investigation

officer are illegal, capricious and arbitrary

to the provisions of law.

(B) Because the FIR has been lodged on

07.12.2020 and after lapse of almost 4

months there is no proper investigation

 9

has been made by the police and no any

person has been arrested so far. The

present petitioner already been requested

to the higher authority of the State but no

heed was paid by any authority and the

position of the investigation of the FIR

bearing No. 0324/2020 is not improved,

therefore, the same is liable to be

investigate by the any other police

officials.

(C) Because the police looking to the

seriousness of crime, the respondent

authorities not arresting the accused

person but on the other hand the police

not initiating any effective and proper

remedy so that the complainant can get

justice.

(D) Because it is the duty of the police to

investigate each and every case in proper

and fair manner and initiate proper and

effective action against the real culprits.

 10

(E) Because the petitioner has been deprived

of the free, fair and impartial investigation

by the investigation agency as such the

directions are required to be issued by this

Hon'ble Court to the investigation agency

to conduct free, fair and impartial

investigation in the case.

(F) Because the petitioner lodged the FIR on

07.12.2020 and thereafter, no

investigation has been made in any

manner by the investigation officer despite

the fact that the specific allegations were

levelled by the petitioner against the

accused persons.

(G) Because the investigation officer

malafidely not arrest the accused person

due to ulterior motive and the accused

persons are moving freely but no heed was

paid to the same and the accused person

is moving freely. The police not taking any

action against the accused person because

 11

he has influence and he used it against the

complainant.

(H) Because the petitioner is having a

fundamental right of free and fair

investigation as provided to him by Article

21 of the Constitution of India and the

same is being violated by the investigation

agency in a blatant manner.

(I) Because the Hon'ble Court is having

inherent powers to direct the investigation

agency to conduct the fair and impartial

investigation alongwith the speedy

investigation under the provisions of

Section 482 of the Code of Criminal

Procedure, as such the similar directions

may be issued in the instant case also.

(J) Because other grounds shall be urged at

the time of arguments of the case.

P R A Y E R
 12

It is, therefore, prayed that this Misc.

Petition may kindly be accepted and

allowed and be further pleased to direct

the respondent police authorities to

change the present investigation officer

and conduct free and fair investigation in

FIR No.0324/2020 registered at Police

Station Mahila, Jaipur (West) and the

accused persons may kindly be arrested

immediately.

Any other appropriate order which

this Hon'ble Court may deem fit and

proper may also be passed in favour of the

petitioner.

Humble Petitioner
Jaipur
Dated :

Through Counsel :

(Ashish Gill/Sonia Gill/Sunil Kumar Gill)

Advocates
R/1049/2011 (M) 7877679014
email : soniamkbgill@[Link]
Notes :

1. No such crm. petition has been filed prior

to this before this Hon'ble Court.
2. That a copy of this petition has been given
to the P.P.
 13

3. That pie papers are not readily available

hence typed on stout papers.
4. That this petition has been typed by my
private steno in my office who is not the
High Court Employee.
5. That this petition pertains to Jaipur
Jurisdiction.

Counsel for the Petitioner

 14

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. STAY APPLICATION NO.____/2021

IN
S.B. CRIMINAL MISC. PETITION NO. _____/2021

Smt. Seema Wife of Vinay Gared, Daughter of Shri

Ramswaroop Paraswal, Resident of Village Nagal

Purohit, Harmara, Jaipur (West), Jaipur, Rajasthan.

....Complainant-Petitioner
Versus

1. State of Rajasthan through Public Prosecutor.

2. The Commissioner Police, Commissionerate,

Jaipur.

3. S.H.O. Police Station Harmara, Jaipur.

4. Shri Shankar Lal Chhaba, Asstt. S.P. (West),

Women Atrocities, Jaipur (West), I.O. FIR No.

0324/2020 registered at police Station Mahila

Thana, Jaipur (West), Jaipur.

....Respondents

S.B. Criminial Misc. Stay Application

under Section 482 Cr.P.C. for fair

 15

investigation in FIR No. 0324/2020

dated 07.12.2020 registered at Police

Station Mahila Thana Jaipur (West), for

offences under Sections 498A, 406, 496,

323, 354(Ka) and 120B I.P.C. and also

for changing the investigation officer;

To,

The Hon'ble Chief Justice and His

Other Companion Judges of the High

Court of Judicature for Rajasthan at

Jaipur Bench Jaipur.

May It Please Your Lordships,

The humble complainant-petitioner most

respectfully submit as under :

1. That the petitioner has this day filed the

annexed criminal petition for free and fair

investigation in FIR No. 0324/2020

registered at Police Station Mahila, Jaipur

(West).
 16

2. That the facts and grounds taken in the

annexed petition may be treated as part

and parcel of the stay application.

3. That the balance of convenience as well as

the balance of probabilities is in favour of

the petitioner.

4. That if the interim relief as prayed is not

granted in favour of the petitioner, the

petitioner shall suffer irreparable loss

which will not be compensated in any

terms.

PRAYER

It is, therefore, most respectfully

prayed that the Hon'ble Court may most

graciously be pleased to accept and allow

the stay application and be further

pleased to direct the present I.O. not to

submit FR in the case bearing FIR No.

0324/2020 registered at Police Station

Mahila, Jaipur (West), without permission

of this Hon'ble Court, till final disposal of

the annexed criminal misc. petition.

 17

Any other relief which this Hon'ble

Court deems fit and proper in the facts

and circumstances of the case may also be

passed in favour of the petitioner.

Humble Petitioner

Jaipur

Dated :

Through Counsel :

(Ashish Gill/Sonia Gill/Sunil Kumar Gill)

Advocates
R/1049/2011 (M) 7877679014
email : soniamkbgill@[Link]

Notes :
1. No such Stay Application has been filed
prior to this before this Hon'ble Court.
2. That a copy of this application has been
given to the P.P.
3. That pie papers are not readily available
hence typed on stout papers.
4. That this Stay Application has been typed
by my private steno in my office.
5. That this petition pertains to Jaipur
Jurisdiction.

Counsel for the Petitioner

 18

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. PETITION NO. _____/2021

Smt. Seema
Versus
State of Rajasthan and Ors.

SYNOPSIS

* That the brief facts of this case are that

complainant Smt. Seema Wife of Vinay
Gared, Daughter of Ramswaroop Paraswal
filed a complaint before the Addl. Civil
Judge and Metropolitan Magistrate No.10,
Jaipur Metropolitan, Second, Jaipur
bearing No.213/2020 under Section 190
Cr.P.C. It is stated in the complaint that
the marriage of the petitioner was
solemnized on 07.12.2015 with Vinay
Gared alongwith her younger sister Sunita
with Vidhish Gared brother of Vinay Gared
and in the marriage the father of the
complainant gave dowry as per the demand
of the accused persons. At the time of
marriage the accused told to the
complainant and her family that Vinay
Gared is M.B.A. and doing job at Gurgaon
but he did not do so, he is residing at his
Nanihal and told that he was doing job at
Gurgaon. After the marriage the accused
No.2 Ashok Gared abusing to the
 19

complainant and her younger sister and

accused No.3 also accompanying him and
taunt her to not bring the dowry of
Rs.25.00 lacs, because the doing marriage
for Rs.25.00 lacs as his son Vidhish dream
of becoming the Pilot. The accused beaten
the complainant and her sister Sunita and
regularly harassing the complainant for
not taking the sufficient dowry. They
harass in some way and other to the
complainant and her sister Sunita. The
accused persons made the life difficult of
the complainant and her sister Sunita and
lastly they leave the complainant and her
sister at their parents house on
08.12.2019 and since then they are living
at their parents house etc. etc. The learned
Magistrate sent the complaint to the
concerned Police Station for investigation
under Section 156(3) Cr.P.C. Upon
receiving the complaint the police station
Mahila Thana, Jaipur (West) registered a
FIR bearing No. 0324/2020 for offences
under Sections 498-A, 406, 496, 323,
354(ka), 120B I.P.C.

* That after registering the FIR, the

investigation has been handed over to
investigating officer Rajbala Verma and the
investigation officer doing the investigation
in the matter properly but accused persons
with the influence have changed the
 20

Investigation officer and given the

investigation to Shri Shanker Lal Chhaba,
Dy. S.P. The complainant requested to the
present investigation officer that the Istri-
Dhan of the complainant get from the
accused and given it to the complainant
and doing proper investigation in the
matter. But the present investigation
officer Shri Chanker Lal Chhaba instead
of getting the dowry articles from the
accused and took legal action against the
accused persons, pressurizing the
complainant for doing compromise in the
present matter, otherwise he will submit
the F.R. in the matter and also proceeded
against the complainant under Section
182 Cr.P.C. It is clear that the
investigation officer is having hand in
glove with the accused.

* That complainant aggrieved from the above

behaviour, met to concerned higher police
officials of Police also but of no avail. In
this regard the complainant gave various
representations to the concerned officials
for taking appropriate investigation and
arrest the accused persons for doing
alleged crime and also change the
investigation from any honest, fair and
impartial police officer instead of present
investigation officer Shri Shanker Lal
 21

Chhaba because she having no faith in

him that he doing justice with her.
* That the investigation officer malafidely
not arrest the accused due to ulterior
motive and political whims when there is
sufficient evidence against the accused
and accused are moving freely but no
heed was paid to the same and the
accused person is moving freely.
* That the investigation officer not taking
any action prompt action against the
accused because of influence and used it
against the complainant.

*. That the petitioner having the grievance of

failure of the investigation officer in
imparting his official duties to investigate
the case as lodged by the petitioner in fair
and impartial manner approached the
investigation officer on several occasions
with the request that the investigation
officer should conduct the fair and
impartial investigation of the case but to
the dismay of the petitioner no heed had
been paid by the investigation officer on
the consecutive requests made by the
petitioner.
* Hence this Criminal Misc. Petition.

Counsel for the Petitioner

 22

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. PETITION NO. _____/2021

Smt. Seema
Versus
State of Rajasthan and Ors.

I N D E X

==============================================
[Link]. Particulars Page No.
==============================================

1. Criminal Misc. Petition

2. Stay Application

3. DOCUMENTS :

Annex.1 Copy of FIR No.0324/2020

Anne.2 Copy of Representations

19.02.2021, 22.02.2021,
24.02.2021, 26.02.2021,
01.03.2021 and 10.03.2021

==============================================

Jaipur
Dated :

Counsel for the Petitioner

23