AMAR NATH MISHRA Vs. STATE (C B I )

JUDGEMENT

(1.) The Petitioner seeks quashing of FIR No.RC 14(S) and consequent charge sheet on the basis thereof filed by CBI in the Court of Special Judge, Delhi on the ground that this being the second FIR cannot be given effect to. Reliance is placed on reports of the Supreme Court in T.T. Antony v. State of Kerala, 2001 6 SCC 181 and Babubhai v. State of Gujarat, 2010 12 SCC 254.

(2.) According to the Petitioner, a complaint dated 10.03.2005 was made by Mr. Kalraj Mishra, M.P., Rajya Sabha to DIG U.P. Police, Lucknow for registration of a case against some unknown person for sending letters to Union Minister and Hon'ble Prime Minister for grant of financial assistance to his institution. The Petitioner says that FIR No.128/2005 was registered in Police Station Hasanganj on 10.05.2005. A final report dated 10.05.2006 was submitted whereby the complainant(Mr. Kalraj Mishra) gave his no objection. Consequently, the final report was accepted and the case was closed. The Petitioner's case is that registration of the second FIR on the same cause of action by the CBI is unwarranted and the FIR is liable to be quashed.

(3.) On the other hand, Ms. Sonia Mathur, Advocate for the CBI says that the first FIR was closed without any investigation simply on the statement made by the complainant that he has not lodged report with SHO, P.S. Hasanganj, which was factually correct as the complainant in fact in his no objection affidavit had simply stated that he was not aware of the name of the person responsible for forging the letterhead. She urges that the final report was submitted in the first FIR by the IO of P.S. Hasanganj only on the ground that he had not made any complaint to P.S. Hasanganj. She submits that in such cases, the second FIR is not barred. She places reliance on Bank of Rajasthan v. Keshav Bangur & Anr., 2007 13 SCC 145 where it was held that if an FIR was not closed on merits, the second FIR was not barred.