HEENA THAPA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By means of present C482 petition, petitioner seeks to quash the order dtd. 22/1/2024 passed by Additional Chief Judicial Magistrate-II, Dehradun in Criminal Case No.01 of 2024 'CBI vs. Sudhir Kumar Windlass and Ors.' and the common charge sheet dtd. 28/12/2024 filed by the respondent-CBI in the said case.

(2.) Learned Senior Counsel appearing for the petitioner/accused would submit the present petition has been filed with limited prayer to challenge the clubbing of two distinct FIRS in a single charge-sheet by the respondent-CBI.

(3.) He would submit that admittedly in the instant case two FIRs were filed being FIR No.13 of 2022 dtd. 9/1/2022 (RC00720023S0002) and FIR No.31 of 2022 dtd. 25/1/2022 (RC0072023S0004); that, a bare reading of two FIRs would show that while first FIR i.e. RC No.002 relates to an alleged incident of impersonation in execution of sale deed dtd. 18/5/2010, the second FIR i.e. RC No.004 pertains to another sale deed dtd. 9/6/2021; that, the petitioner is arrayed as Accused No.13 in this second FIR RC004 and has nothing to do with RC002, however, respondent-CBI has filed a common charge-sheet in two distinct FIRs despite the fact that the alleged offences are distinct by virtue of different set of accused persons and the incidents of commission of offence are also different.