1

Tanveer Ahamad
Office : 48-Ka-2, Jyoti Nagar,
Near New Vidhan Sabha, Jaipur - 302005 (Raj.)
Advocate
Rajasthan High Court, Jaipur Mobile : 98296-04104, Tel.: 0141-2740640
E-mail : advocatetanveerahmed@gmail.com

Date: 29.08.2023

To,

1. The Additional Chief Secretary, Home Department,

Government of Rajasthan, Government Secretariat,

Jaipur

2. The Director General of Police, Police Head Quarter,

Behind Nehru Place, Lalkothi, Jaipur

3. The Inspector General of Police, Range Ajmer, Ajmer

4. The Superintendent of Police Ajmer, District Ajmer

LEGAL NOTICE FOR DEMAND OF JUSTICE

I, the undersigned on behalf and under instructions of

my client Dilip Sharma S/o Shri Hanuman Prasad aged about

47 years resident of House No 100, RK Puram Colony, Fay

Sagar Road, Ajmer (Raj.), do hereby serve upon you this notice

for demand of justice as under:-

1. That in F.I.R. No. 169/2021 dated 24.05.2021 for offence

under Section 406, 420, 467, 468, 471, 120B IPC was
 2

registered and my client was also made accused in the

aforesaid F.I.R. and was arrested by the Police, however,

after intervention of the Hon'ble Court the bail was

granted to my client and my client is presently on bail.

That after registration of the F.I.R., police submitted

Final Report on 08.04.2022.

2. That on 10.07.2023, the learned Court of Additional

Chief Judicial Magistrate No. 2, Ajmer in the Criminal

Regular Case No. 3090/2022 - State Vs. Dilip Sharma

passed order for further investigation.

3. That as a matter of fact my client moved an application

on 05.05.2023 and another on 04.07.2023 for further

investigation in the matter and both the applications

were decided by the order dated 10.07.2023. For kind

perusal and ready reference copy of the order dated

10.07.2023 is annexed and marked as Annexure-1.

4. That in the investigation, the Investigating Officer has

treated a person named Khuma as alive and by treating

him alive his date of birth has also been recorded of year

1996, though this specific all these aspects was also

already brought to kind notice of the Investigating Officer

that the said person namely Khuma has already expired

 3

before 31 years. This aspect has also been dealt in the

order dated 10.07.2023.

5. That under such circumstances the investigating officer

has committed violation of Rule 3.40 of the Rajasthan

Police Rules, 1965 and thus he is liable to be terminated

from service. For kind perusal and ready copy of the

relevant part of Rule 3.40 of the Rajasthan Police Rules,

1965 are reproduced as under :-

"3-40 feF;k izfof"V djus ij n.M & iqfyl vf/kdkjh }kjk

fdlh ,slh izfof"V ftlds ckjs esa ;g tkurk gks fd feF;k gS

vkSj tks fo'oluh; u gks pkgs mlus ,slk fdlh mPp vf/kdkjh

dh vkKk ls gh D;ksa u fd;k gks] djus ij mls ukSdjh ls

i`Fkd~ dj fn;k tk;sxkA

bl fu;e dh ,d izfr ml nSfud Mk;jh esa eq[ki`"B ij

fpidk;h tk;sxh tks nSfud Mk;jh izR;sd iqfyl LVs'ku]

pkSdh vFkok iqfyl ykbUl esa j[kh tkrh gSA

fVIi.kh

iqfyl vf/kdkjh dk ;g drZO; gS fd vfHkys[kksa esa

lHkh izdkj dh izfof"V;ka lgh dh tk;sa A ;fn tkucw>dj

 4

dksbZ feF;k izfof"V dh tkrh gS rks nks"kh iqfyl vf/kdkjh

dks ukSdjh ls i`Fkd fd;k tk ldrk gSA"\

6. That in accordance with this provision contained under

Rule-3.40 of the Rajasthan Police Rules, 1965, the

concerned person who has committed default deliberately

and entered false information knowingfully well that such

information is false and enters entry in the daily diary

and enters in the record will be removed from the service.

7. That as per Rule-3.40 if a Police Officer knowingfully well

that the entry which he is making is false shall be

removed from service and in the present matter in

reference of the F.I.R. No. 169/2021 registered at Police

Station Ganj, Ajmer despite of bringing this fact to the

notice of the Investigating Officer that the person namely

Khuma had already expired before 31 years and he has

been considered as alive and his date of birth was

recorded as 1996 and he has also been mentioned as an

accused in connection to the F.I.R. No. 169/2021 and

this fact was also brought to the notice of the

Investigating Officer by way of Publication in the

newspaper Dainik Navjyoti on 27.05.2021 as the F.I.R. is

registered only on 24.05.2021, thus there remains no

 5

iota of doubt that in order to bring this fact to all the

concerns including the Investigation officer this aspect

was specifically made known to them through newspaper

also and copy of the news were publication of Dainik

Navjyoti dated 27.05.2021 is annexed and marked as

Annexure-2.

8. That beside it my client has also submitted a different

representation before the concerned Investigating Officer

namely Dharamveer Singh and Ms. Priyanka

Raghuvanshi and the representation were also submitted

to the higher authority but the Investigating Officers

deliberately / motives and extraneous consideration,

deliberately knowingfully well that this person namely

Khuma has already expired before 31 years made him

accused in order to concoct a false story and conspiracy

against my client and thus they are liable to be taken to

task in accordance with Rule-3.40 of the Rajasthan

Police Rules, 1965.

9. That the very important and significant aspect was also

completely overlooked, deliberately and intentionally for

oblique motives and extraneous consideration by the

Investigating Officer that the accused namely Jawara

already expired in year 2020 on 08.03.2020 and Khuma

 6

was father of Jawara and at the time of death of Jawara

he was having the age of 83 years and the respectful

submission is that Khuma was father of Jawara, so it

was obvious that his age was more than 83 years in any

case but in order to cause undue loss to my client and to

extend undue gain to the complainants one accused

namely Khuma was considered to be having the date of

birth of 1996, Thus age of Khuma was allegedly

mentioned of year 1996 without any basis, in fact despite

of submitting representation and newspaper publication

the Investigating Officer have not taken any Investigating

on this aspect and after having noticed this aspect that

Khuma has already expired, still made false entry in the

investigation and such false entry has been deliberately

made in the charge sheet, thus such persons are not

liable to be retained in the Police Service as it has got

very stringent provision under Rule 3.40 which is

required to be pasted on every Daily dairy and to be kept

on each Police Station, Choki and Police Line etc. and

thus further you when complainant thereof were required

to take action in accordance with law but they have failed

to take any action and initiate any proceeding against

such erring officials who are liable to be retained in

 7

service and therefore, now my client will have to knock at

the doors of the Hon'ble Court,if appropriate legal action

is not undertaken.

10. That as a matter of the fact the complainant Satya

Narayan Choudhary submitted the documents within our

signature according to which the Khatedar of land

bearing Khasra No. 1035 was a person namely Chatur

Sen and after his death name of legal heirs were entered

in the mutation and Jama Bandhi was issued on

10.04.2018 which clearly depicts that Khasra No. 1035

was not in the name of Jawara nor in the name of

Khuma and after this the complainant has not mentioned

name of Chatur Sen in the F.I.R. nor his legal

representatives and no any investigating has also been

undertaken by the Investigating Officer when the land is

shown in the name of Khatedar Chatur Sen then there

was no occasion for Khuma or any Jawara to execute any

document in favour of the complainant and complainant

himself has submitted a document dated 25.02.1999

according to which Ajmer Development Authority, Ajmer

has issued cash compensation of one third of land of

Khasra No. 1035 in the name of daughter of Chatur Sen -

 8

Premlata Verma and possession was obtained from

Premlata Verma and in this context for remaining part of

the Khasra No. 1035 for obtaining the developed land

such decision in favour of son of Chatur Sen namely

Ashok was passed an order and such order was

submitted by the complainant himself before the

Investigating Officer and in this manner a letter written

by Chatur Sen in favour of Land Acquisition Officer was

also presented in which a person in the name of Chatur

Sen was demanding compensation, all such documents

clearly provide that on the land bearing Khasra No. 1035

Chatur Sen and his legal representation were claiming

their right and the documents are submitted by the

complainant himself but neither in the First Information

Report nor in his statement any such mentioning of

Chatur Sen or his legal representatives is made, thus

when in the documents the ownership is in favour

Chatur Sen and his legal representatives then how the

names of Jawara and Khuma were included in such

ownership and in the respectful submission of my client

no such investigation has been undertaken by the

Investigating Officer in regard to all such documents nor

mentioned in the charge sheet and thus it was a case of

 9

crystal clear conspiracy against my client and such

persons who are

making mockery of the Rule of law are not liable to be

retained in the Police Service.

11. That this is such an important provision that the copy of

this Rule is required to be pasted on the main page of the

daily diary and such daily dairy is kept in every Police

Station, every Choki and Police Line, thus by invoking

the Clause Rule-3.40.

You are therefore, required to undertake the exercise of

removing the Investigation officer who has made false entry

knowingfully well that such entries are false in reference to the

F.I.R. No. 169/2021 registered at Police Station Ganj, Ajmer

within a period of 07 days from the date of receipt of this

notice for demand of justice, failing which my client will have

no option except to take appropriate proceeding against you at

your cost and consequences by filing a writ petition.

Kindly take note of it

Be well advised.
Copy Kept.
10

[TANVEER AHAMAD)
ADVOCATE