OM PRAKASH JANGID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution of India is directed against alleged arbitrary and illegal investigation in respect of F. I. R. No. 54/90 for offence under S. 498 A, 406 and 120b IPC. Police station Jhotwara, Jaipur and for relief regarding re-opening of the final report No. 53/91, dated 30th June,1991, drawn up by the District Special Investigation Cell, Jaipur under direction and supervision of the then Dy. Inspector General, Jaipur Range.

(2.) THE facts giving rise to the filing of this petition briefly stated are that the petitioner was married with Smt. Chandrakanta on 20th November,1988 according to Hindu Customary Rites. THE couple lived together happily till January ,1990 at the petitioner's residential quarter No. 80 Dak Colony, Malviya Nagar, Jaipur. It has been stated in the petition that the petitioner was interested in purchase of some residential plot prior to the celebration of his marriage and a deal was struck for the purchase of the plot through one Shri Srigopal Sharma, Sub-Postmaster in the year 1987 who was interested to oblige the petitioner with a view to pursuade the petitioner to marry the daughter of the said Postmaster and to which the petitioner had consented. THE petitioner had made full payment in respect of plot in July,1988 to Shri Srigopal the abovenamed postmaster who had managed to procure the concerned file for the allotment letter in favour of the petitioner in respect of Subhash Sindhi Housing Co-operative Society Ltd. ,jaipur. It is further stated in the petition that on examination of the aforesaid file of the Co-operative Society the petitioner discovered two receipts of the years 1981-82, one regarding Membership of the Society and the other in respect of final payment. Enquiries made by the petitioner from said Shri Srigopal Sharma revealed that the society had the practice to manage its own affair in its own way. THE petitioner was told that his name had been shown as Member of the above society in the year 1981 itself and he could not have any anxiety for anything else. In March, 1988 above named Shri Srigopal Sharma started constructing house on plot No. 4 in the same colony in which the petitioner's plot No. 94 was located.

(3.) THAT is a counter-blast to the above, Srigopal also got registered some criminal cases against the petitioner, his parents and his associates vide FIR Nos. 241/90, 169/90, 92/90 and 82/90 and one divorce petition No. 221/90 under S. 13 of the Hindu Marriage Act in Family Court, Jaipur and petition for grant of maintenance under S. 125 Cr. P. C. (Case No. 92/90) against the petitioner.