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Rajasthan High Court – Jaipur
Dr. Mohar Singh S/O Shri Tara Chand vs The State Of Rajasthan … on 28 April, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:17788]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2248/2025
Dr. Mohar Singh S/o Shri Tara Chand, Resident Of D-46,
Paramhans Colony, Murlipura, Jaipur (Raj).
----Petitioner
Versus
1. The State Of Rajasthan, Through The P.p.
2. The DCP East, Police Commissionerate, Jaipur.
3. The Station House Officer, Police Station Sanganer.,
Jaipur.
4. The Station House Officer, Police Station Pratapnagar.,
Jaipur.
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 5509/2022
Nawal Kishore Pareek Son Of Shri Umesh Chandra Pareek, Aged
About 42 Years, Resident Of Plot No. 10, Balaji Vihar-40, Niwaru
Road, Jhotwara, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Dr. Mohar Singh Son Of Shri Tara Chand, Resident Of D-
46, Paramhans Colony, Murlipura, Jaipur (Raj.)
—-Respondents
For Petitioner(s) : Mr. Jaswant Singh Rathore in
SBCRLMP No. 2248/2025
Mr. Raj Kumar Kasana in SBCRMP No.
5509/2022
For State : Mr. M. S. Shekhawat, PP with
Mr. Rishi Raj Singh Rathore, PP
For Complainant : Mr. Jaswant Singh Rathore in SBCRMP
No. 5509/2022
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
28/04/2025
Interconnected petitions are listed before this Court.
Petition No. 5509/2022 is filed by accused- Nawal Kishore
Pareek wherein, prayer is made for quashing of the FIR No.
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[2025:RJ-JP:17788] (2 of 3) [CRLMP-2248/2025]
215/2022 on the ground that the said FIR is a subsequent FIR
lodged after FIR No. 129/2022.
In this regard, learned counsel for the petitioner has
submitted that two parallel FIRs on akin facts and subject matter
are not tenable. In support of the said contention, reliance is
placed upon the judgment passed by Hon’ble Apex Court in
Amibhai Anilchandra Shah Vs. The Central Bureau of
Investigation reported in (2013) 6 SCC 348.
Learned counsel for the petitioner has further submitted that
instant dispute pertains to civil matter and police authorities have
registered the same as criminal matter.
It is further submitted that as per the agreement, 5%
partnership was with the complainant- Dr. Mohar Singh ad
Hanumant Singh Faujdar and 95% with the Nawal Kishore Pareek
and Om Prakash. Further, it is submitted that a complaint
regarding partnership dispute was made/file by the complainant
before the Rajasthan Para Medical Council, thereafter against the
order passed by the Council, an appeal was filed before the
Medical and Health Department.
Further, Coordinate Bench of this Court after perusal of the
criminal antecedents report/ record, vide order dated 29.06.2022
has granted interim protection to the petitioner.
In the year 2025, Complainant- Dr. Mohar Singh has filed a
petition No. 2248/2025 with a prayer seeking directions for fair
and impartial investigation. In the said petition, it is stated that
the petitioner-Dr. Mohar Singh is the sole owner of the Raj
Rajeshwari Para Medical Diploma College and accused- Nawal
Kishore Pareek is the employee, who has fraudulently created the
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[2025:RJ-JP:17788] (3 of 3) [CRLMP-2248/2025]
forged and fabricated documents thereby committing a fraud with
the petitioner as well as with the Medical and Health Department
by claiming forged scholarship.
It is further submitted that despite the categorical directions
of the Court, investigation is conducted at a snails pace, therefore,
prayer is made for fair and speedy investigation.
Further, it is submitted that an allegation qua repetitive FIR
is also misrepresented for the reason that first FIR was
concluded/closed for want of jurisdiction, therefore, it cannot be
said that repetitive FIRs are lodged and facts are concealed.
Considering the facts and circumstances of the
interconnected petitions, this Court has observed that as disputed
questions of facts are involved in the instant matter therefore in
such a case powers under Section 528 of BNSS cannot be
exercised sparingly. Taking note of the fact that interim protection
is granted vide order dated 29.06.2022 and prayer is made for fair
and impartial investigation, this Court directs that concerned
Superintendent of Police to conduct the investigation under his
supervision and conclude the same within an upper limit of three
months.
Interim protection granted vide order dated 29.06.2022 is
extended for 15 days. Petitioner is at liberty to avail alternate
remedy for redressal of his grievances if any, in accordance with
law.
Accordingly, the present petitions are disposed of in above
terms. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
Pooja /302-303
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