1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR
*********

S. B. CRIMINAL WRIT PETITION NO. ……………………/2023

1. NAIM AFZAL SON OF SHRI MOHAMMAD SALIM, RESIDENT HOUSE

NO.- 12 CHANRESAL ROAD, GALI NO.- 16 KE SAMNE, MAHATMA

GANDI COLONY, ARJUNPURA, DISTRICT KOTA, RAJASTHAN.

2. PRADEEP KUMAR JAIN SON OF SHRI INDRA MOHAN JAIN,

RESIDENT NEW CIVIL LINES ROAD, PLOT NO.- 34 PANI KI TANKI KE

PASS, BARAN, DISTRICT BARAN, RAJASTHAN.

3. LOKESH KUMAR NAGAR SON OF SHRI RAMKISHAN NAGAR,

RESIDENT HOUSE NO.- A-11 SHIVAJI NAGAR BARAN, DISTRICT

BARAN, RAJASTHAN.

...PETITIONER
VERSUS

1. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR;

2. ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS,

GOVERNMENT OF RAJASTHAN, SECRETARIAT, JANPATH, JAIPUR,

RAJASTHAN;

3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTER,

LALKOTHI, JAIPUR;

4. INSPECTOR GENERAL OF POLICE, KOTA RANGE, KOTA,

RAJASTHAN.

5. SUPERINTENDENT OF POLICE, KOTA CITY, DISTRICT KOTA,

RAJASTHAN;

6. SUPERINTENDENT OF POLICE, DISTRICT BUNDI, RAJASTHAN.

...NON-PETITIONER/ RESPONDENTS

***********
 2

S.B. CRIMINAL WRIT PETITION UNDER ARTICLE 226

OF THE CONSTITUTION OF INDIA R/W RULE 315

(1)(H) OF RAJASTHAN HIGH COURT RULES, 1952;

AND

IN THE MATTER OF INHERENT POWERS UNDER

SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE, 1973;

AND

IN THE MATTER OF FOR CLUBBING OF

SUBSEQUENT FIRST INFORMATION REPORTs INTO

FIR NO.- 04/2022 WHICH WAS REGISTERED AT

POLICE STATION GUMANPURA, KOTA CITY BEING

THE FIRST F.I.R. REGARDING THE SAME SUBJECT

MATTER;

AND

IN THE MATTER OF FOR NOT FOLLOWINNG THE

PROCEDURE LAID UNDER THE CRIMINAL

PROCEDURE CODE AND VIOLATING THE

PROTECTION GRANTED BY ARTICLE 19, 20 AND 21

OF THE CONSTITUTION OF INDIA;

AND

IN THE MATTER OF REGISTERING MULTIPLE FIRs

FOR THE SAME CAUSE OF ACTION EXCUDE FROM

APEXA GROUP, KOTA THEREFORE TO MERGE THE

SUBSEQUENT FIR’S;

AND

IN THE MATTER OF CONSOLIDATION OF THE

INVESTIGATION INITIATED AT VARIOUS POLICE

 3

STATIONS AS WELL AS TRIAL’s INITIATED BEFORE

VARIOUS CONCERNED MAGISTRATE’s;

AND

IN THE MATTER OF EXTREME IILEGAL,

ARBITRARINESS AND MALAFIDENESS ACTION OF

THE POLICE AUTHORITIES FOR ARRESTING THE

PETITIONER ONE AFTER ANOTHER IN SUBSEQUENT

FIRs LOGED ALL OVER THE STATE OF RAJASTHAN

BASED ON SAME CAUSE OF ACTION;

TO,
THE HON’BLE ACTING CHIEF JUSTICE AND HIS

OTHER COMPANION JUDGES OF THE RAJASTHAN

HIGH COURT BENCH AT JAIPUR.

MAY IT PLEASE YOUR LORDSHIPS:

The humble petitioner respectfully begs to submit as follows:-

1. That the instant petition is filed under Article 226 of the

Constitution of India and further to invoke the inherent powers
of the Hon’ble High Court. The petitioner is citizen of India and
therefore fully competent to invoke extraordinary jurisdiction of
this Hon’ble court against the illegal and arbitrary action of the
State/Police Authorities. The instant writ petition is being filed
seeking balance of fundamental rights as provided under
constitution of India and Criminal Procedure code thereby
maintaining a just balance holding that sweeping power of
investigation does not warrant subjecting a citizen each time to
fresh investigation by the Police in respect of the same incidence
or concurring incidents relating to the same act with the main
frivolous First Information Report being FIR No.-04/2022 Police
Station Gumanpura, Kota City and it is also pertinent to mention
herein that Fir was logged at the instance of the Superintendent
 4

of Police, Kota in order to embroil the petitioner in a completely

false and fabricated criminal cases registered in relation of the
same criminal act and thrusting the multiple criminal
investigation as well as trial. further, the present Petition also
attempt to invoke the extraordinary jurisdiction of this Hon’ble
Court to bring to its notice that there is more than 100 FIRs to
the best of the Knowledge of the Petitioner which are registered,
in which the main FIR was logged at the instance of the Police so
as to brow beat the petitioner and make him suffer to the
illegality caused by multiple FIR’s and indirectly punishing the
petitioner before even the commencement of the trial. That high
handedness of the Police Authorities is glaring from the single
facts that many subsequent FIR’s are logged with the same
police station. That it is pertinent to mention herein that
petitioner is not named in any of the FIR logged in regard to the
criminal offence mentioned in the and Petitioner is made accused
in this case by the Police Authorities to only satisfy their illegal
and arbitrary action. Certified copy of FIR N.- 04/2022 dated
02.01.2022 and Photocopy of subsequent FIRs collectively is
being filed herewith for kind perusal of the Hon’ble court as
ANNEXURE -1 and 2 respectively.

2. That the registering FIRs one after another is totally unjust and
violates the fundamental rights as well as great violation of
procedure establish by law. the list of the FIRs which have been
registered related to the same cause of actin are mentioned as
follows:-
S. FIR No. OFFENCES UNSER POLICE
No. AND SECTIONS OF IPC STATION
DATES
1. 04/2022 420 AND 406 OF IPC GUMANPURA
02.01.2022
05/2022 GUMANPURA
2. 02.01.2022 420 AND 406 OF IPC

11/2022 420 AND 406 OF IPC GUMANPURA

3. 04.01.2022
 5

4. 10/2022 420, 406 AND 120B OF IPC KUNHADI

10.01.2022
5. 14/2022 420, 406 AND 120B OF IPC KUNHADI
12.01.2022

13/2022 420, 406 AND 120B OF IPC

6. JAWAHARNAGAR
20.01.2022
0118/2022 420, 406 AND 120B OF IPC
7. GUMANPURA
02.03.2022
8. 0120/2022 420,406,467,468,471 AND GUMANPURA
03.03.2022 120-B OF IPC
9. 0121/2022 420,406,467,468,471 AND GUMANPURA
03.03.2022 120-B OF IPC
10. 0122/2022 420,406,467,468,471 AND GUMANPURA
03.03.2022 120-B OF IPC
11. 0067/2022 420,406,467,468,471 AND BHEEMGANJ
05.03.2022 120-B OF IPC MANDI
12. 0131/2022 420,406 AND 120-B OF IPC GUMANPURA
09.03.2022
13. 0132/2022 420,406 AND 120-B OF IPC GUMANPURA
10.03.2022
14. 0135/2022 406 AND 420 OF IPC GUMANPURA
11.03.2022
15. 0136/2022 406 AND 420 OF IPC GUMANPURA
11.03.2022
16. 0146/2022 406 , 120-B AND 420 OF IPC GUMANPURA
16.03.2022
17. 0147/2022 406 , 120-B AND 420 OF IPC GUMANPURA
16.03.2022
18. 0148/2022 406 , 120-B AND 420 OF IPC GUMANPURA
21.03.2022
19. 0150/2022 406 , 120-B AND 420 OF IPC GUMANPURA
22.03.2022
20. 0151/2022 406 , 120-B AND 420 OF IPC GUMANPURA
22.03.2022
 6

21. 0103/2022 420 AND 406 OF IPC BHEEMGANJ

12.04.2022 MANDI
22. 0190/2022 406 , 120-B AND 420 OF IPC GUMANPURA
27.04.2022
23. 0191/2022 406 , 120-B AND 420 OF IPC GUMANPURA
27.04.2022
24. 0195/2022 420,406,469,468,471 AND GUMANPURA
29.04.2022 120-B OF IPC
25. 0196/2022 420,406,467,468,471 AND GUMANPURA
29.04.2022 120-B OF IPC
26. 0202/2022 420 AND 406 OF IPC GUMANPURA
03.05.2022
27. 0212/2022 420, 120-B AND 406 OF IPC GUMANPURA
08.05.2022
28. 0217/2022 420, 406, 383 AND 120-B OF GUMANPURA
09.05.2022 IPC
29. 0149/2022 420,419,467,468,471 AND NAYAPURA
17.05.2022 120-B OF IPC
30. 0230/2022 420, 120-B AND 406 OF IPC GUMANPURA
20.05.2022
31. 0180/2022 384,420,406,467,468, R K PURAM
20.05.2022 471AND120-B OF IPC
32. 0169/2022 420, 120-B AND 406 OF IPC NAYAPURA
25.05.2022
33. 0285/2022 420,406,467,468,471 AND GUMANPURA
08.06.2022 120-B OF IPC
34. 0245/2022 420,406,467,468,471 AND GUMANPURA
26.05.2022 120-B OF IPC
35. 0246/2022 420,406,467,468,471 AND GUMANPURA
26.05.2022 120-B OF IPC
36. 0249/2022 420,406,467,468,471 AND GUMANPURA
27.05.2022 120-B OF IPC
37. 0219/2022 420,406, AND 120-B OF IPC MAHAVEER
01.06.2022 NAGAR
 7

38. 0260/2022 420,406,467,468,471 AND GUMANPURA

01.06.2022 120-B OF IPC
39. 0262/2022 420,406,467,468,471 AND GUMANPURA
01.06.2022 120-B OF IPC
0263/2022 420,406,467,468,471 AND GUMANPURA
40.
02.06.2022 120-B OF IPC
0264/2022 420,406,467,468,471 AND GUMANPURA
41.
02.06.2022 120-B OF IPC
0268/2022 420,406,467,468,471 AND GUMANPURA
42.
04.06.2022 120-B OF IPC
0269/2022 420,406,467,468,471 AND GUMANPURA
43.
04.06.2022 120-B OF IPC
0270/2022 420,406,467,468,471 AND GUMANPURA
44.
04.06.2022 120-B OF IPC
0273/2022 420,406,467,468,471 AND GUMANPURA
45.
05.06.2022 120-B OF IPC
0275/2022 420,406,467,468,471 AND GUMANPURA
46.
06.06.2022 120-B OF IPC
0276/2022 420,406,467,468,471 AND GUMANPURA
47.
06.06.2022 120-B OF IPC
0278/2022 420,406 AND 120-B OF IPC GUMANPURA
48.
06.06.2022
0282/2022 420,406,467,468,471 AND GUMANPURA
49.
07.06.2022 120-B OF IPC
0287/2022 420,406,467,468,471 AND GUMANPURA
50.
09.06.2022 120-B OF IPC
0299/2022 420,406,467,468,471 AND GUMANPURA
51.
13.06.2022 120-B OF IPC
0303/2022 420,406,467,468,471 AND GUMANPURA
52.
14.06.2022 120-B OF IPC
0305/2022 420,406,467,468,471 AND GUMANPURA
53.
14.06.2022 120-B OF IPC
0306/2022 420,406,467,468,471 AND GUMANPURA
54.
14.06.2022 120-B OF IPC
 8

0307/2022 420,406,467,468,471 AND GUMANPURA

55.
15.06.2022 120-B OF IPC
0308/2022 420,406,467,468,471 AND GUMANPURA
56.
16.06.2022 120-B OF IPC
0311/2022 420,406,467,468,471 AND GUMANPURA
57.
17.06.2022 120-B OF IPC
0224/2022 420, AND 406 OF IPC R K PURAM
58.
17.06.2022
0319/2022 420,406,467,468,471 AND GUMANPURA
59.
23.06.2022 120-B OF IPC
0244/2022 420,406, AND 120-B OF IPC RAILWAY
60.
23.06.2022 COLONY
0197/2022 420,406,467,468,471 AND BORKHERA
61.
01.07.2022 120-B OF IPC
0342/2022 420,406,467,468,471 AND GUMANPURA
62.
07.07.2022 120-B OF IPC
63. 0182/2022 420 AND 406 OF IPC VIGHYAN NAGAR
08.07.2022
0348/2022 420,406,467,468,471 AND GUMANPURA
64.
09.07.2022 120-B OF IPC
0349/2022 420,406,467,468,471 AND GUMANPURA
65.
09.07.2022 120-B OF IPC
0353/2022 420,406,467,468,471 AND GUMANPURA
66.
11.07.2022 120-B OF IPC
0354/2022 420,406,467,468,471 AND GUMANPURA
67.
12.07.2022 120-B OF IPC
0239/2022 420,406,467 AND 471 OF IPC NAYAPURA
68.
14.07.2022
0363/2022 420,406,467,468,471 AND GUMANPURA
69.
15.07.2022 120-B OF IPC
0368/2022 420,406,467,468,471 AND GUMANPURA
70.
19.07.2022 120-B OF IPC
0374/2022 420,406,467,468,471 AND GUMANPURA
71.
22.07.2022 120-B OF IPC
 9

0375/2022 420,406,467,468, AND 471 GUMANPURA

72.
22.07.2022 OF IPC
0378/2022 420,406,467,468,471 AND GUMANPURA
73.
22.07.2022 120-B OF IPC
0283/2022 420,406 AND 120-B OF IPC RAILWAY
74.
25.07.2022 COLONY
0386/2022 420,406,467,468,471 AND GUMANPURA
75.
30.07.2022 120-B OF IPC
0375/2022 420,406,467,468,471 AND GUMANPURA
76.
30.07.2022 120-B OF IPC
0389/2022 420,406,467,468,471 AND GUMANPURA
77.
31.07.2022 120-B OF IPC
0393/2022 420,406,467,468,471 AND GUMANPURA
78.
03.08.2022 120-B OF IPC
79. 0332/2022 420 AND406 OF IPC ANANTPUR
06.08.2022
0400/2022 420, AND 406 OF IPC GUMANPURA
80.
08.08.2022
0402/2022 420,406,467,468,471 AND GUMANPURA
81.
08.08.2022 120-B OF IPC
0410/2022 420,406,467,468,471 AND GUMANPURA
82.
11.08.2022 120-B OF IPC
0302/2022 420, AND 406 OF IPC RAILWAY
83.
12.08.2022 COLONY
0420/2022 420,406,467,468, AND 471 GUMANPURA
84.
17.08.2022 OF IPC
0313/2022 420,120-B, AND 406 OF IPC RAILWAY
85.
19.08.2022 COLONY
0424/2022 420,406,467,468,471 AND GUMANPURA
86.
19.08.2022 120-B OF IPC
0315/2022 420, AND 406 OF IPC RAILWAY
87.
21.08.2022 COLONY
0433/2022 420,406,467,468,471 AND GUMANPURA
88.
25.08.2022 120-B OF IPC
 10

0449/2022 420,406 AND 120-B OF IPC GUMANPURA

89.
31.08.2022
0337/2022 420, AND 406 OF IPC RAILWAY
90.
06.09.2022 COLONY
0296/2022 420,406,467,468,471 AND BORKHERA
91.
10.09.2022 120-B OF IPC
0476/2022 420, AND 406 OF IPC GUMANPURA
92.
15.09.2022
0480/2022 420,406,467,468,471 AND GUMANPURA
93.
17.09.2022 120-B OF IPC
0482/2022 420,406,467,468,471 AND GUMANPURA
94.
18.09.2022 120-B OF IPC
0485/2022 420,406 AND 120-B OF IPC GUMANPURA
95.
19.09.2022
0358/2022 420, AND 406 OF IPC R K PURAM
96.
22.09.2022
0494/2022 420,406,467,468,471 AND GUMANPURA
97.
22.09.2022 120-B OF IPC
0514/2022 420,406,467,468,471 AND GUMANPURA
98.
07.10.2022 120-B OF IPC
0517/2022 420,406,467,468,471 AND GUMANPURA
99.
08.10.2022 120-B OF IPC
0535/2022 420,406,468,471 AND 120-B GUMANPURA
100.
20.10.2022 OF IPC
0562/2022 420,406 AND 120-B OF IPC KUNHADI
101.
22.10.2022
0549/2022 420 AND 406 OF IPC GUMANPURA
102.
31.10.2022
0551/2022 420,406,467,468,469,470,471 GUMANPURA
103.
03.11.2022 AND 120-B OF IPC
0572/2022 420,406,467,468,471 AND GUMANPURA
104.
15.11.2022 120-B OF IPC
0606/2022 420,406, 468,471 AND 120-B GUMANPURA
105.
10.12.2022 OF IPC
 11

0302/2022 420, AND 406 OF IPC BHEEMGANJ

106.
12.12.2022 MANDI
0062/2023 420,406,467, 468,471 AND GUMANPURA
107.
20.01.2022 120-B OF IPC
0097/2023 420,406,467, 468,471 AND GUMANPURA
108.
08.02.2022 120-B OF IPC
0098/2023 420,406,467, 468,471 AND GUMANPURA
109.
20.01.2022 120-B OF IPC
0125/2023 420,406,467, 468,471 AND GUMANPURA
110.
25.01.2022 120-B OF IPC
0071/2022 420 AND 406 OF IPC NANWA, BUNDI
111.
9.02.2022
393/2022 420 AND 406 IPC RAILWAY
112.
20.10.2022 COLONY
393/2022 420, 406, 467, 468, 477 AND KUNHADI
113.
22.07.2022 120B OF IPC
420, 406, 467, 468, 471 AND SADAR BUNDI,
114.
467/2022 120B OF IPC AND SECTION BUNDI
12.09.2022 3, 4, 5, AND 6 OF CHIT FUND
ACT
195/2022 420, 406 AND 120B BHIMGANJ
115.
2.08.2022 MANDI
246/2022 420 AND 406 OF IPC BHIMGANJ
116.
27.09.2022 MANDI
224/2022 420, 406 AND 120B OF IPC GUMANPURA
117.
17.05.2022

3. That the investigation is an integral part of criminal justice

system, and any irregular or fracture in investigation goes to the
root of the matter. That the arrest of the petitioner was only
bestow to add another feast and gain popular social support by
the investigation agency is ample clear from the working style
adopted by the Police Authorities. That the petitioners were made
accused despite being no iota of evidence available which can
suggest the involvement of the petitioners in the aforesaid
 12

offence. Moreover, petitioners have been made accused in this

case solely on the basis of the statements of the co-accused,
which are not admissible in the eyes of law.

4. That the subsequent FIRs filed against the petitioner clearly

shows the mala fide intention on part of the Police Authorities as
subsequent FIRs are nothing more than just improvement made
in original FIR, this view had been confirmed by the Hon’blr Apex
Court in the judgement of Upkar Singh, it may be useful to refer
to the following excerpt from Upkar Singh: -

In our opinion, this Court in that case only held that any
further complaint by the same complainant or others
against the same accused, subsequent to the registration
of a case, is prohibited under the Code because an
investigation in this regard would have already started
and further complaint against the same accused will
amount to an improvement on the facts mentioned in the
original complaint, hence will be prohibited under Section
162 of the Code.

5. That registration of second or Subsequent FIR bases on same set

of facts is completely violative of the fundamental rights and the
impermissibility of registering the second or subsequent FIR is
to protect the fundamental right of an accused against double
jeopardy, to maintain the rule of fair investigation and to not
allow the police to abuse their investigative powers under CrPC.
These three-fold safeguards prevent registration of the second
FIR as held in Anju Chaudhary v. the State of UP (2012).

6. That the subsequent FIRs registered for the same offence or

transaction has to go through the test of sameness as the
Hon’ble Apex Court in catena of judgments established the test
of sameness which means that unless in both the two cases,
where the first and second FIR is registered respectively, the
FIRs appear to be substantially different from each other such
as in facts and circumstances, the second FIR cannot be filed.
 13

This means that the facts and circumstances giving rise to the
two FIRs must be different, or the offence committed in the two
must be different, or the person accused of committing the
offence is different. Only then, the second FIR is permissible.

7. That the action of the Police Authorities of lodging multiple FIRs

for the same cause of action or offence is completely perverse,
illegal, abuse of power and against the well settled principle of
law that filing of fresh FIR for the same offence for which a FIR
has already been registered earlier and is under investigation
and the Registering multiple FIRs is contrary to the spirit of
Section 154 of the Code, As per Sections 154 to 157, 162, 169,
170 and 173 only the earliest information as per Section 154 is
relevant, there can be no second FIR, nor can there be a fresh
investigation on receiving new information on the same
transaction. In Amitbhai Anilchandra Shah v CBI and
another [2013 (6) SCC 348] a second FIR on same occurrence
is held to be violative of Article 21 of the constitution and
upheld the “consequence test” to determine if offences are to be
treated as part of same offence- if allegation that is a part of the
second FIR follows or arises as a consequence of the offence in
the first, the offences in both the FIRs are same and hence, the
second FIR will be impermissible.

8. That the principal of non-registration of subsequent FIRs on

similar facts has been elaborated in detail by the Hon’ble Apex
Court in the judgement of T.T. Antony Vs State Of Kerala
[(2001) 6 SCC 181] wherein it has been held that:

“There can be no second F.I.R. and consequently there can be

no fresh investigation on receipt of every subsequent
information in respect of the same cognizable offence or the
same occurrence or incident giving rise to one or more
cognizable offences. On receipt of information about a
cognizable offence or an incident giving rise to a cognizable
offence or offences and on entering the F.I.R. in the station
 14

house diary, the officer in charge of a Police Station has to

investigate not merely the cognizable offence reported in the
FIR but also other connected offences found to have been
committed in the course of the same transaction or the same
occurrence and file one or more reports as provided in
Section 173 of the Cr.P.C.”

Therefore, principle enumerated above applies in the present

case as Number of FIRs have been logged on same facts and
footing, which clearly shows arbitrariness and mala fide
intention of investigation agency and in the said FIR the
investigation agency not only charged the petitioner liable for
the offences under section 406 and 420 of the IPC and on the
pretext of the investigation in one case to another investigation
agency, instead of conducting the fair investigation agency had
kept petitioners in custody since long and that the petitioners
were first arrested in aforesaid offence and thereafter
subsequently investigation agency is taking petitioners in
custody in multiple FIRs and making them accused after
conducting so called fair investigation, investigation agency
carrying out this arbitrary action just to gain popularity and
this action of investigation agency is completely violative of
personal liberty of the petitioners.

9. That now it is well settled law and Hon’ble Apex court in various
judgment has held that multiplicity of FIRs related to same set
of facts should not be permitted and The question is whether
this trend of harassment by making the accused run from one
State to another and from one Court to another is to be
countered seriously and recently in the case of Radhey Shyam
V. State of Haryana court opined that “we deem it appropriate
in exercise of power under Article 142 of the Constitution of
India, to direct clubbing of all the FIRs, which can proceed
together for one trial as far as possible, as we are of the opinion
that multiplicity of the proceedings will not be in the larger
public interest”.
 15

10. That FIRs lodged with mala fide intention and it is duty of
investigation agency to scrutinize the information or complained
before registering the FIRs and in the present case at hand
frivolous FIRs have been filed against the petitioner. Apex court
in recent judgments has strongly opined that vexatious action
shall not be promoted and such vexatious actions shall be
suppressed at very begging. In the recent Judgement of
Krishna Lal Chawla v. State of U.P., 2021 SCC OnLine SC
191 court opined that “Curtailing vexatious litigation is a crucial
step towards a more effective justice system” and similarly in the
case of Amitbhai Anilchandra Shah v. CBI, (2013) 6 SCC
348 it was held that “Permitting multiple complaints by the same
party in respect of the same incident, whether it involves a
cognizable or private complaint offence, will lead to the accused
being entangled in numerous criminal proceedings. As such, he
would be forced to keep surrendering his liberty and precious
time before the police and the Courts…” and in the case of Arnab
Ranjan Goswami Vs Union of India and Others [(2020) 14
SCC 51] it has been held that “The need to ensure that the
criminal process does not assume the character of a vexatious
exercise by the institution of multifarious complaints founded on
the same cause in multiple States”. and in the case of Subrata
Roy Sahara v. Union of India, (2014) 8 SCC 470 Apex Court
observed and explained the harassment which persons face in
case of multiplicity of litigation and the Apex Court observed
that “…One needs to keep in mind, that in the process of
litigation, there is an innocent sufferer on the other side, of every
irresponsible and senseless claim. He suffers long drawn anxious
periods of nervousness and restlessness, whilst the litigation is
pending, without any fault on his part. He pays for the litigation,
from out of his savings (or out of his borrowings), worrying that
the other side may trick him into defeat, for no fault of his. He
spends invaluable time briefing counsel and preparing them for
his claim. Time which he should have spent at work, or with his
family, is lost, for no fault of his…”
 16

11. That the petitioners made accused without any involvement of

the petitioners, petitioners are well reputed and professional
persons and that the petitioners were not aware about the said
incident unless they got arrested. That before the arbitrary
arrest of the petitioners, they were under the impression that
they are victim of the failure of the Apexa Group, but instead of
doing fair investigation police team arrested the petitioners
without any cogent reason just to get applauds from the senior
officers and to gain popularity. That from the bare perusal of the
FIR NO.- 04/2022 is clear that Petitioners were made accused
with mala fide intention, this very facts is amble enough to raise
serious questions on actions of investigation agency.

12. That the petitioners are in judicial custody since long and that
subsequently taking petitioners under custody on pretext of
investigation is highly illegal and violative of fundamental rights.
The action of investigation agency will harm the reputation of
the petitioners and this action of police agency will affect their
reputation and job prospect of the petitioners and also
petitioner’s families are facing great financial hardship since the
arrest of the petitioners.

13. That therefore upon such process the petitioners are left with no
other efficacious alternative remedy of facing arbitrary and
illegal harassment by the Police Authority except to present this
writ petition challenging the illegal action of the police in
registering subsequent FIRs for offences arising out of same
cause of action or transaction and illegal detention of the
petitioner and for consolidation of all FIRs against the
petitioners on following amongst other grounds:-

GROUNDS

A. Because registering multiple FIRs against the Petitioner for

the same cause of action emanating delay in repayment to
 17

members of Society is violative of fundamental rights under

Article 14, 20 and 21 of the Constitution of India since the
same relate to alleged offence in respect of which FIR
04/2022, Police Station Gumanpura had already been
registered. The investigation agency under the hands of the
senior officials of Police involved in the matter registered
several FIRs on identical facts and under the garb of frivolous
FIRs kept the Petitioner in Jail and intends to keep him in
jail for further considerable time, so that the illegal motives
could be fulfilled.

B. Because it has been time and again held by the Hon'ble Apex
Court that, “In case of a subsequent FIR, the court has to
examine the facts and circumstances giving rise to both the
FIRs and the test of the sameness is to be applied to find out
whether both the FIRs relate to the same incident in respect
of the same occurrence or are in regard to the incidents
which are two or more parts of the same transaction. If
answer is in the affirmative, the second FIR is liable to be
quashed”.

C. Because for the self-same offence arising out of delay in

repayment to members of Apexa Group, the Police authorities
which in similar circumstances hold the situation to be Civil
in Nature are registering the multiple FIRs to make the
situation difficult for the Petitioners. Further it is also
important to note that in the matter when on the same set of
facts the matter is registered and all subsequent matters can
be clubbed for investigation and the same would then make
the investigation as well as the process for the courts, Police
authorities also difficult. Also, such practice is highly
deprecated by Hon'ble Apex Court in the decision of Amit
Bhai Shah where the subsequent FIRs were quashed on such
set of facts holding, “Administering Criminal justice is a two-
end process, where guarding the ensured rights of the
accused under Constitution is as imperative as ensuring
 18

justice to the victim, It is definitely a daunting task but

equally a compelling responsibility vested on the court of law
to protect and shield the rights of both. Thus, a just balance
between the fundamental rights of the accused guaranteed
under the Constitution and the expansive power of the Police
to investigate a cognizable offence has to be struck by the
court. Accordingly, the sweeping power of investigation does
not warrant subjecting a citizen each time to fresh
investigation by the Police in respect of the same incident,
giving rise to one or more cognizable offences. As a
consequence, in our view this is a fit case for quashing the
second F.I.R to meet the ends of justice.”

D. Because under the identical facts in case of Satinder Singh

Bhasin’s Case the prosecution was directed not to arrest the
Petitioner therein after the grant of Bail by the Hon'ble Apex
Court whereas in the present case in identical FIR filed by
the Complainant's at the behest of police, the Petitioner is not
only being arrested but also being harassed by interrogating
which is completely unrelated to the investigation of the
accusations mentioned in the FIR but to serve the agendas of
the officials of Police.

E. Because in the interest of ensuring the fair administration of

criminal justice, the order which is intended to be passed
should present a balance between the following governing
principles:

(i) The need to ensure that the criminal process does not
assume the character of a vexatious exercise by the
institution of multifarious complaints founded on the
same cause in multiple places/States;

(ii) The need for the law to protect journalistic freedom

within the, ambit of Article 19(1)(a) of the
Constitution;
 19

(iii) The requirement that recourse be taken to the

remedies available to every citizen in accordance with
the Code of Criminal Procedure 1973;

(iv) Ensuring that in order to enable the citizen to pursue

legal remedies, a protection of personal liberty against
coercive steps be granted for a limited duration in the
meantime;

(v) Assuaging the apprehension of the Petitioner of a

threat to his safety” and the safety of his business
establishment.

F. Because the action of the Police authorities have indulged in

abuse of the process and misuse of the powers granted to
them under the Criminal Procedure Code and therefore liable
to be corrected qua Petitioner.

G. Because it is pertinent to note that the interest of multiple

members of the society is at stake. That Petitioner being
himself! Suffered the failure of the Apexa Group is helpless,
but on contrary is being scapegoat in the matter, just only for
applaud of the public.

H. Because in case on the bare reading of the contents of

complaint dated 02.01.2021 were not even known to the
Petitioner before the illegal by the Police Authorities. That
before the sudden arrest of the Petitioner, he was under the
impression that he is sufferer of the failure of the Apexa
Group, but investigation agency only to receive the applaud
of the people have arrested the Petitioner without any cogent
reasons. The Complaint was pertaining to the non-payment
of the interest and principle amount and alleged that the
amounts invested by him, were instead used for the personal
spendings of the some of the directors. That the other
directors who are arraigned in as accused are only investor in
the group and has no control whatsoever over the fundings
 20

and managements of the investment. That it is apposite to

mention here that on bare reading of the first FIR
No.04/2022, it is abundantly clear, that allegedly many
members have beers estopped of their investments by some
directors; hence it is safe to mention that the investigating
agency was not unknown to the alleged fraud upon other
investors and directors. Further where the investigation is
still going on, such investigation be transferred to such
investigation officer who is in charge of investigation of FIR
No. 04.2022 upon which all FIRs shall be investigated by a
single investigating officer and trial shall also be at a single
Court.
I. That other ground would be urged at the time of hearing of
the case.
PRAYER

It is, therefore, humbly prayed that your Lordships

may very graciously be pleased to accept and allow this writ
petition and it is most humbly prayed that this Hon'ble Court
may kindly be pleased: -

a) To direct the Police Authorities not to register further

FIRs against the present Petitioners arising out of the
same cause of action being delay in repayment of dues/
interest to the members of Apexa Group.

b) To direct the Police Authority not to arrest the

petitioners in the subsequent FIRs which has been
registered at various Police Station.

c) To direct the Respondent to carry on the investigation

by way of consolidation of all complaints arising out of
the same set of facts and to merge all the FIRs
subsequent to FIR No. 04/2022 in relation to the
offences mentioned therein, including that of delay in
repayment of dues to the members of Apexa Group and
 21

the same may please be investigated by one

investigating officer.

d) To declare the action of the Police Authorities as illegal

and arbitrary as suitable action be taken against
defaulting officers.

e) To direct consolidated single trial in all the FIRs

emanating in the case of FIR No.04/2022 towards non-
payment of outstanding, dues/interest. And further in
case where chargesheet has been filed, such trials to
transfer to concerned magistrate of FIR No. 04/2022, in
cases where charge sheet has not been filed
consolidation of investigation by the investigating officer
of FIR NO.- 04/2022 Registered at Police Station
Gumasnpura, Kota.

Any other order which your Lordships may deems

fit and proper in the facts and circumstances of the case.
Your Lordships humble petitioner
Through his Counsels

RAJVEER SINGH GURJAR/K C MEENA/

AVTAR SINGH RATHORE /KAPIL NAGAYACH/

HIMANSHU AWASTHI/P L SAINI

Advocates
 22

Notes:-

1. That no such S.B. Criminal Writ Petition has been filed

previously in this matter before this Hon’ble Court.

2. That this is S.B. Criminal writ petition no vires of any Act and
Rules under challenged.

3. That P.F. Notices and extra sets shall be filed within time
stipulated.

4. That it has typed by our private steno in our office who is not an
employee of this Hon’ble Court.

5. That as the pie papers are not readily available hence typed on
stout papers.

6. That this matter pertains to Jaipur Jurisdiction.

Counsels for the petitioner

 23

IN THE HIGH COURT OF JUDICATURE FOR RAJASTAN

AT JAIPUR BENCH, JAIPUR

S. B. CRIMINAL WRIT PETITION NO.______/2023

NAIM AFZAL AND ANOTHERS

VERSUS
THE STATE OF RAJASTHAN AND OTHERS

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, NAIM AFZAL SON OF SHRI MOHAMMAD

SALIM, RESIDENT HOUSE NO.- 12 CHANRESAL ROAD, GALI NO.-

16 KE SAMNE, MAHATMA GANDI COLONY, ARJUNPURA, DISTRICT

KOTA, RAJASTHAN, DO HEREBY TAKE ON OATH AND STATE AS

UNDER:-

1. That I am petitioner in the present case and am well conversant

with the facts and circumstances of the case.

2. That the annexed writ petition has been drafted by my counsels

under my instructions which have been read over to me and I
have understood the same as well.

3. That the contents of this writ petition are true and correct to the
best of my knowledge and belief.

DEPONENT

VERIFICATION

I, the above named deponent do hereby attest

and verify that the contents of Para 1 to 3 of this affidavit are
true and correct to the best of my knowledge. Nothing material
has been concealed therein nor any part of it is false. So may
God help me.

Identified by DEPONENT

AVTAR SINGH RATHORE

 24

IN THE HIGH COURT OF JUDICATURE FOR RAJASTAN

AT JAIPUR BENCH, JAIPUR

S. B. CRIMINAL WRIT PETITION NO.______/2023

NAIM AFZAL AND ANOTHERS

VERSUS
THE STATE OF RAJASTHAN AND OTHERS

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, NAIM AFZAL SON OF SHRI MOHAMMAD

SALIM,RESIDENT HOUSE NO.- 12 CHANRESAL ROAD,GALI NO.- 16

KE SAMNE, MAHATMA GANDI COLONY, ARJUNPURA,DISTRICT

KOTA, RAJASTHAN, DO HEREBY TAKE ON OATH AND STATE AS

UNDER:-

1. That I am petitioner in the present case and am well conversant

with the facts and circumstances of the case

2. That the annexed documents from Annexure-1 is certified copy

to Annexure-2 are Photostat copy of their originals. The
annexure annexed with this writ petition which are true and
correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION

I, the above named deponent do hereby attest

and verify that the contents of Para 1 & 2 of this affidavit are
true and correct to the best of my knowledge. Nothing material
has been concealed therein nor any part of it is false. So may
God help me.

Identified by DEPONENT

AVTAR SINGH RATHORE

 25

IN THE HIGH COURT OF JUDICATURE FOR RAJASTAN

AT JAIPUR BENCH, JAIPUR
****************

S. B. CRIMINAL WRIT PETITION NO.______/2023

NAIM AFZAL AND ANOTHERS

VERSUS
THE STATE OF RAJASTHAN AND OTHERS

INDEX

S.NO. PARTICULAR PAGE NO.

1. MEMO OF THE CRIMINAL WRIT PETITION 1 TO

2. AFFIDAVIT IN SUPPORT OF WRIT PETITION

DOCUMENTS

ANNEX.1: CERTIFIED COPY OF FIR NO. 04/2022 TO

ANNEX. 2. PHOTOCOPY OF SUBSEQUENT FIRs TO

__________________________________________________________________

COUNSEL FOR THE PETITIONER

 26

IN THE HIGH COURT OF JUDICATURE FOR RAJASTAN

AT JAIPUR BENCH, JAIPUR
*********

S. B. CRIMINAL WRIT PETITION NO.______/2023

NAIM AFZAL AND ANOTHERS

VERSUS
THE STATE OF RAJASTHAN AND OTHERS

SYNOPSIS
 The instant petition is filed under Article 226 of the
Constitution of India and further to invoke the inherent
powers of the Hon’ble High Court. The petitioner is
citizen of India and therefore fully competent to invoke
extraordinary jurisdiction of this Hon’ble court against
the illegal and arbitrary action of the State/Police
Authorities. The instant writ petition is being filed
seeking balance of fundamental rights as provided
under constitution of India and Criminal Procedure
code thereby maintaining a just balance holding that
sweeping power of investigation does not warrant
subjecting a citizen each time to fresh investigation by
the Police in respect of the same incidence or
concurring incidents relating to the same act with the
main frivolous First Information Report being FIR No.-
04/2022 Police Station Gumanpura, Kota City and it is
also pertinent to mention herein that Fir was logged at
the instance of the Superintendent of Police, Kota in
order to embroil the petitioner in a completely false and
fabricated criminal cases registered in relation of the
same criminal act and thrusting the multiple criminal
investigation as well as trial. further, the present
Petition also attempt to invoke the extraordinary
jurisdiction of this Hon’ble Court to bring to its notice
that there is more than 100 FIRs to the best of the
Knowledge of the Petitioner which are registered, in
 27

which the main FIR was logged at the instance of the

Police so as to brow beat the petitioner and make him
suffer to the illegality caused by multiple FIR’s and
indirectly punishing the petitioner before even the
commencement of the trial. That high handedness of
the Police Authorities is glaring from the single facts
that many subsequent FIR’s are logged with the same
police station. That it is pertinent to mention herein
that petitioner is not named in any of the FIR logged in
regard to the criminal offence mentioned in the and
Petitioner is made accused in this case by the Police
Authorities to only satisfy their illegal and arbitrary
action.
 That the investigation is an integral part of criminal
justice system, and any irregular or fracture in
investigation goes to the root of the matter. That the
arrest of the petitioner was only bestow to add another
feast and gain popular social support by the
investigation agency is ample clear from the working
style adopted by the Police Authorities. That despite
being no iota of evidence available which can suggest
the involvement of the petitioner in the aforesaid
offence. Moreover, petitioner has been made accused in
this case solely on the basis of the statements of the co-
accused, which are not admissible in the eyes of law.

Counsels for the petitioner