IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. CRIMINAL MISC. PETITION NO. _____/2018

Chandra Prakash S/o. Laxman Ram, by caste Jat, R/o.

Rawatsar, District Barmer (Raj.) At present posted as
Inspector, Police Station Nihalganj, District Dholpur)
....... Accused/ Petitioner
Versus
1. State of Rajasthan through P.P.
........ Respondent
2. Munish Kumar Mahe S/o. Sh. Kapil Dev Mahe, by
caste Brahman, R/o. Bhamtipura, District Dholpur at
present posted as UDC, Special Court, Dacoity affected
Area, District Dholpur
.... Complainant/Respondent

S.B. CRIMINAL MISC. PETITION UNDER

SECTION 482 CR.P.C. AGAINST THE ORDER
DATED 15.03.2018 PASSED BY SH. CHANDRA
PRAKASH SHRIMALI R.H.J.S., LEARNED
DISTRICT & SESSIONS JUDGE DHOLPUR
WHEREIN CRIMINAL REVISION NO. (CIS NO.
05/2018) TITLED AS CHANDRA PRAKASH
V/S. STATE & OTHERS HAD DISMISSED. AND
THE LEARNED SESSIONS JUDGE DHOLPUR
CONFIRMS THE ORDER TAKING COGNIZANCE
PASSED BY THE LEARNED ACJM DHOLPUR
IN CRIMINAL CASE NO. 354/17 TITLED AS
MUNISH KUMAR MAHE V/S. CHANDRA
PRAKASH WHEREIN THE LEARNED TRIAL
MAGISTRATE TOOK COGNIZANCE AGAINST
ACCUSED PETITIONER U/S. 323, 341, 504,
506(II) AGAINST THE PETITIONER HAPPENS
TO BE SHO (PUBLIC SERVENT) OF POLICE
 STATION NIHALGANJ, DISTRICT DHOLPUR
UNDER SECTION 323, 341, 504, 506 (II) IPC
IN RELATION TO INCIDENT DATED
30.09.2017

**********
To,
The Hon'ble Chief Justice and
his companion Judges of the
High Court of Judicature for
Rajasthan at Jaipur

MAY IT PLEASE YOUR LORDSHIPS,

The humble accused/Petitioner, named above, most

respectfully begs to submit as under :

1. That the brief fact of the case as that on

30.09.2017 at around 11.30 PM complaint
respondent's nephew Rudraksh was arrested by
SHO Satish, P.S. Nihalganj, District Dholpur.
That the complainant-respondent along with his
elder brother Navneet and Suneet alleged that
SHO Nihalganj Chandra Prakash was beating
Rudraksh in the lawn of Police Station
Nihalganj, District Dholpur and on this sight
the complainant-respondent giving introduction
that he is UDC at Special Court (Dacoity
affected Area), District Dholpur the SHO who is
the accused-petitioner snatched away their
mobile phone and verbally started abusing the
Magistrate of Special Court (Dacoity affected
Area), District Dholpur also it is pertinent to
mention that the SHO stripped the
complainant-respondent along with his brother,
had beaten them and instructed his
subordinate to encounter them in the forest.
 Also the complaint-respondent has got injury
on his back and neck. On his complaint the
learned ACJM Dholpur vide order dated
31.10.2017 took cognizance against the
accused petitioner U/s. 323, 341, 504, 506 IPC
and called him through Summon.

2. That the copy of the complaint by complainant

respondent Munish Kumar Mahe along with the
injury report is annexed herewith and marked
as ANNEXURE-1 and order taking cognizance
dated 31.10.2017 is annexed herewith and
marked as ANNEXURE-2.

3. That aggrieved against order of taking

cognizance in criminal case no. 354/2017 titled
as Munish Kumar Mahe V/s. Chandra Prakash
U/s. 323, 341, 504, 506 (II) IPC passed by the
learned ACJM Dholpur the accused petitioner
preferred a criminal revision against the order
taking cognizance before the learned Sessions
Judge, Dholpur which was dismissed on
15.03.2018. Aggrieved against the order taking
cognizance passed by learned Magistrate on
31.10.2017 and order of dismissal of criminal
revision on 15.03.2018 passed by learned
Sessions Judge Dholpur accused petitioner is
preferring this Criminal Misc. Petition on the
following Grounds :-

GROUNDS

(A) That the order passed by the Learned Magistrate,

Dholpur and Learned Sessions Judge, Dholpur is
 illegal, arbitrary and liable to be set-aside in the
fact and circumstances of the case.
(B) That the complainant-respondent has framed a
complete fabricated and cooked up account of
what had happened and it is highly arbitrary of
court to take in account such fabricated account
of the circumstances.
(C) That on 30.09.2017 on the pious night of occasion
of Muharram and during Tajiya procession, the
complainant-respondent’s nephew Rudraksh
Kumar Mahe was creating nuisance during the
peaceful procession and hence, it became crucial
to confine him. It is also pertinent to mention
here that the complainant-respondent’s nephew
namely Rudraksh Kumar Mahe has also had
criminal antecedents in the past, a copy of which
has been marked as ANNEXURE-4.
(D) That in this matter accused-petitioner being a
public servant and SHO of the Police Station
Nihalganj, District Dholpur filed a complaint
against Munish Mahe before learned CJM Dholpur
vide complaint no. ....... on dated______ U/s. 186,
193 (3), 155(2) IPC and in which learned
magistrate took the cognizance against the
Munish Mahe vide order dated 09.10.2017 and
took cognizance u/s. 186 IPC. Against the order
taking cognizance Munish Kumar Mahe also filed
a criminal revision bearing No. 06/2018 which
was dismissed by the learned Sessions Judge,
Dholpur vide order 15.03.2018 and maintained
the order taking cognizance. Copy of the
complaint filed by the petitioner being SHO, P.S.
Nihalganj, District Dholpur U/s. 186, 193(3),
155(2) IPC against Munish Kumar Mahe is
ANNEXURE-4 and order taking cognizance dated
 09.10.2017 is ANNEXURE-5 and order of
dismissal of revision petition filed by Munish
Kumar Mahe before learned Sessions Judge
Dholpur dated 15.03.2018 is ANNEXURE-6 but
the learned sessions judge did not took under
consideration the complaint U/s. 186, 193(3)
155(2) IPC and did not consider the order taking
cognizance against Munish Kumar Mahe U/s. 186
IPC. It clearly reflect that Munish Kumar Mahe
committed offence while the petitioner discharging
his duty as a public servant and he filed a false
complaint against him being a public servant and
in such circumstances petitioner who happened to
the public servant is entitled for protection u/s.
197 Cr.P.C. but learned Sessions Judge did not
appreciate this aspect of the case, hence
dismissed the revision petition filed by the
petitioner.
(E) That complaint Munish Kumar Mahe filed the
complaint in the revenge of case against him and
the Medical report did not corroborate the time of
incident related with the petitioner. The
complainant-respondent who is himself
conversant with the system of complaint should
have approached the medical authority for
medical examination on the same date i.e.
30.09.2017 but he did not go there at his own and
waited till 04.10.2017, therefore it can be said the
report against the accused-petitioner is false and
complaint by the complainant-respondent against
Chandra Prakash is unnatural.
(F) That the other grounds in support of this Misc.
Petition would be urged at the time of arguments
of the case.
 P R A Y E R

Looking to the fact and circumstances and

nature of case your lordship may be pleased to allow
this S.B. Criminal Misc. Petition under section 482
Cr.P.C. against the order dated 15.03.2018 passed
by sh. Chandra Prakash Shrimali R.H.J.S., learned
district & sessions judge Dholpur wherein criminal
revision no. (CIS no. 05/2018) titled as Chandra
Prakash V/s. state & others had dismissed. and the
learned sessions judge Dholpur confirms the order
taking cognizance passed by the learned ACJM
Dholpur in criminal case no. 354/17 titled as
Munish Kumar Mahe V/s. Chandra Prakash wherein
the learned trial magistrate took cognizance against
accused petitioner u/s. 323, 341, 504, 506(ii)
against the petitioner happens to be SHO (public
servant) of police station Nihalganj, District Dholpur
under section 323, 341, 504, 506 (ii) IPC in relation
to incident dated 30.09.2017 and pleased to quash
the order dated 15.03.2018 and 31.10.2017.
Any other appropriate order which this Hon'ble
Court may deem 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 :
TANVEER AHAMAD

Notes :
1. No such Criminal 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.
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

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CRIMINAL MISC. PETITION NO. _______/2018

Chandra Prakash Versus State of Raj. & anr.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Chandra Prakash S/o. Laxman Ram, by caste Jat, R/o.

Rawatsar, District Barmer (Raj.) At present posted as
Inspector, Police Station Nihalganj, District Dholpur)
do hereby take oath and state as under:-
1. That I am the Petitioner in the above mentioned case
therefore, I am well conversant with the facts and
circumstances of the case.
2. That the annexed writ petition has been drafted by my
counsel under my instructions. I have gone from Para
No.1 to 24 and grounds (a) to (i ) thereof along with
prayer clause of the same and I have read over the same
and understood the same.
3. That the statements in the writ petition are true and
correct.

VERIFICATION

I, the above named deponent, do hereby verify that the

contents of paras 1 to 3 of my above affidavit are true and
correct. Nothing material has been concealed therein and no
part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CRIMINAL MISC PETITION NO………../2018

Chandra Prakash S/o. Laxman Ram, by caste Jat, R/o.

Rawatsar, District Barmer (Raj.) At present posted as
Inspector, Police Station Nihalganj, District Dholpur)

…Petitioner
Versus
3. State of Rajasthan through P.P.
........ Respondent
4. Munish Kumar Mahe S/o. Sh. Kapil Dev Mahe, by
caste Brahman, R/o. Bhamtipura, District Dholpur at
present posted as UDC, Special Court, Dacoity affected
Area, District Dholpur …… Complainant/Respondent

S.B. CIVIL MISC. STAY APPLICATION UNDER

ARTICLE 226 OF THE CONSTITUTION OF INDIA

To

The Hon’ble Chief Justice and his other Hon’ble

Companion Judges of the Rajasthan High Court, Bench
at Jaipur

MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner-applicant above named, most

respectfully begs to submit as under:-
 1. That the petitioner has preferred annexed writ petition
numbered above, contents of the writ petition may
kindly be treated as part and parcel of this stay
application also for the sake of bulkiness and brevity.

2. That humble petitioner has a strong prima-facie case in

his favour, balance of convenience also lies in her favour
and if petitioner is not granted interim protection, he
will face irreparable loss and injury, which cannot be
compensated in terms of money.

3. That principle of natural justice and equity also

demands that the interim order be passed in favour of
the petitioner.

PRAYER
It is, therefore, humbly prayed that this stay application
may kindly be allowed and during the pendency of the writ
petition, the respondents may be restrained from giving
appointment to the candidates selected on the basis of faulty
answer key/result dated 17.05.2018 in the interest of justice.
Any other appropriate order, which may be found just
and proper in the facts and circumstances of the case, be
passed in favour of the petitioner.

HUMBLE PETITIONER-APPLICANT
THROUGH COUNSEL
Jaipur
Dated : ________/2018

(TANVEER AHAMAD)
Advocate

NOTES :-
1. That no such application has been filed previously
before this Hon'ble Court.
2. PF, Notices and extra sets shall be filed as per direction
of the Hon’ble Court.
3. Pie papers were not readily available; as such the stay
application has been typed on stout papers by my
private steno.

(TANVEER AHAMAD)
Advocate
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO……../2018

IN
S.B. CIVIL WRIT PETITION NO. _______/2018

Deepak Kumar Gurjar Versus State of Raj. & anr.

AFFIDAVIT IN SUPPORT OF STAY APPLICATION

I, Deepak Kumar Gurjar S/o Ramesh Chand Gurjar aged

about 30 years, Resident of V.P.O Ronsi, Via Shri Mahavir Ji,
Tehsil Nadauti, District Karauli(Rajasthan), do hereby take
oath and state as under:-
1. That I am the Petitioner-Applicant in the above
mentioned case therefore, I am well conversant with the
facts and circumstances of the case.
2. That the annexed application has been drafted by my
counsel under my instructions. I have gone from Para
No. 1 to Para No. 3 of the same and I have read over the
same and understood the same.
3. That the statements in the application are true and
correct.

VERIFICATION
I, the above named deponent, do hereby verify that the
contents of paras 1 to 3 of my above affidavit are true and
correct. Nothing material has been concealed therein and no
part of it is false. So help me God.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Deepak Kumar Gurjar Versus State of Raj. & anr.

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Deepak Kumar Gurjar S/o Ramesh Chand Gurjar aged

about 30 years, Resident of V.P.O Ronsi, Via Shri Mahavir Ji,
Tehsil Nadauti, District Karauli(Rajasthan),do hereby take
oath and state as under:-
1. That I am the petitioner, I am fully conversant with
the facts and circumstances of the present case.

2. That the Annexure-1 to Annexure-12 annexed with

this writ petition are the true and correct photostat
copies of their originals.

VERIFICATION
I, the above named deponent, do hereby verify that the
contents of paras 1 and 2 of my above affidavit are true and
correct. Nothing material has been concealed therein and no
part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Chandra Prakash Versus State of Raj. & anr.

INDEX

Sl. Page
Particulars
No. No.
1. Criminal Misc Petition
2. Affidavit in support of Criminal Misc Petition
3. Stay Application
4. Affidavit in support of Application
5. Documents:
Annexure-1- Copy of the advertisement
dated 29.06.2016
Annexure-2- Copy of the corrigendum
dated 03.09.2016
Annexure-3- Copy of the admit card of
the petitioner
Annexure-4- Copy of the question booklet
from 24.08.2017
Annexure-5- Copy of the notification of
release of answer key
29.12.2017
Annexure-6- Copy of the answer key
Annexure-7- Copy of the objections given
by the petitioner dated
31.12.2017
Annexure-8- Copy of the result dated
17.05.2018
Annexure-9- Copy of marks of petitioner.
Annexure-10- Copy of the authentic books.
Annexure-11- Copy of the caste certificate of
the petitioner

6. Affidavit in support of documents

(TANVEER AHAMAD)
Advocate
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

REGD. ADDRESS :

S.B.Criminal Misc PETITION NO.………………………./2018

Chandra PrakashVersus State of Raj. & anr.

THAT in the above case registered address of the

petitioner is

Chandra Prakash S/o. Laxman Ram, by caste Jat, R/o.

Rawatsar, District Barmer (Raj.) At present posted as
Inspector, Police Station Nihalganj, District Dholpur)
 VAKALATNAMA

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN JAIPUR BENCH AT JAIPUR

Case-SBCriminal Misc Petition No._____________/2018

Chandra Prakash Versus State of Raj. & anr

KNOW ALL MEN by these present that I/ we the undersigned,

Chandra Prakash S/o. Laxman Ram, by caste Jat, R/o.
Rawatsar, District Barmer (Raj.) At present posted as
Inspector, Police Station Nihalganj, District Dholpur)
in the above case do hereby make, constitute and appoint.
Shri Tanveer Ahamad, Advocate,
R/2303/2003
my/ our true and lawful attorneys, for me/us in my/our name, and on my/our behalf
to appear plead and act in the said case, and more particularly to draw, make,
present, withdraw, amend, represent and verify petition, plaints or written statements
and to make, present applications or petitions in the court, to present withdraw and
receive documents and any money from the Court or from the opposite party either in
execution of the decree or otherwise, and on receipt of payment thereof to sign and
deliver for me/us proper receipts and discharges for the same, to compromise or to
refer the case to arbitration, to seek execution of the decree or any orders in the case,
to draw, make present, withdraw, amend and represent any memorandum of appeal
or cross objections in any appeal arising or to seek reviews or revision of any
Judgment, decree or order in the case, to appear, conduct and plead in all such writ /
appeals / revisions and reviews, and to do all other lawful acts and things as
effectually as I/we could do the same whether being personally present or otherwise,
My/ our said counsel is/are also hereby authorized and empowered to instruct,
engage or appoint any other counsel or counsels to appear, plead and act with or for
him/them in his/their absence or otherwise as my/our said counsel may think proper
to do so, all acts of such counsel or counsels shall be equally and similarly binding on
me/us as if done be my/our said counsel and as if done by me/us personally.
I/We hereby agree that if any part of the said counsel's fee remains unpaid
before the first hearing of the case, or if any hearing of the case be fixed on tour or at
any other place except the usual court premises, then my/our said counsel will not be
bound to appear before the court. The counsel’s fee now settled and agreed to is in
respect of this Court and for the pending proceedings only. Any fresh action hereafter
taken will entitle the counsel to fresh fees. I/We also agree that if the case be
dismissed in default or if it be proceeded ex-parte under any circumstances
whatsoever the said counsel shall not be held responsible for the same and all
whatsoever my/our said counsel shall do in connection with the said case, I/We do
hereby agree to ratify and confirm. Any costs awarded in the case at any time in
my/our favour shall form part of the counsel's claim and shall be payable to him
/them in addition to his/their fees in the case.
IN WITNESS WHEREOF I/we have here to set my/our hand (s) at
____________________this____________________day of _____________________ and delivered
to the said counsel (S)

Tanveer Ahamad
Advocate