[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 For Complainant : : Mr. M. S. Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP 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. [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 [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