Honble MADAN, J. - 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 petitioners 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 petitioners plot No. 94 was located.

(3). It is further stated in the petition that Shri Srigopal sent his son Virendra alias Pappu on 20.10.1988 to the petitioner with an oral message to raturn the allotment letter as well as the concerned documents of plot No. 94 as it was not adviseable to sell the plot to the petitioner, since the intended date of the petitioners marriage was to take place shortly. It is stated that three days after the first meeting with Pappu, i.e., on 23.10.1988, Pappu again visited the petitioner along with the letter, dated 23.10.1988, written by Srigopal Sharma on his letter head. The contents of the said letter revealed that Srigopal had advised the petitioner that he should forget about the deal regarding Plot No. 94 as the same had already been sold to some one else and that the petitioner should instead opt for plot No. 38. The petitioner however, thought it proper to keep photostat copies of the documents required back by Srigopal and which he kept safely with him. Srigopal Sharma also gave an undertaking to the petitioner of arranging another plot according to the petitioners choice either on Ajmer Road or in Malviya Nagar. In the mean while marriage of the petitioner was solemnised with Chandrakanta, daughter of Srigopal on 20.11.1988. Subsequently in the view of the assurance given to the petitioner by Srigopal, the petitioner started constructing a house on plot No. 38 along with his father and started living in the said house after completion of the construction w.e.f. October, 1989. Notwithstanding the above, Srigopal could not get the allotment of the plot No. 38 in favour of the petitioner or his father inspite of repeated moves made by the petitioner and his wife Smt. Chandrakanta for the reasons best known to said Srigopal. Subs

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