(1.) The present Criminal Misc.Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners original accused to quash and set aside the impugned FIR being C.R.No.I-24 of 2011 registered with Rakhiyal Police Station dated 15/02/2011 for the offences punishable under Sections 467, 468, 471 and 114 of the Indian Penal Code, against the petitioners.
(2.) The only contention on behalf of the petitioners original accused is that with respect to very offence and transaction one private complaint was filed by respondent No.1 original complainant in the Court of learned Metropolitan Magistrate, which was registered as Criminal Case No.628 of 2010 and in the said Criminal Case, learned Metropolitan Magistrate initially passed an order for police inquiry under Section 202 of the Code of Criminal Procedure and thereafter, after considering the report submitted by the Investigating Officer, learned Metropolitan Magistrate passed an order on 07/12/2010 directing to issue process against the petitioners original accused for the offences punishable under Sections 465, 467, 506(2) and 114 of the Indian Penal Code and, therefore, the impugned FIR, which can be said to be second FIR/complaint for the very offence, is not permissible/maintainable.
(3.) Ms.Amee Yajnik, learned advocate appearing on behalf of the petitioners has vehemently submitted that as such original complainant failed to get any order in the private complaint under Section 156(3) of the Code of Criminal Procedure, subsequent FIR has been filed by the original complainant with malafide intention and without disclosing the fact that earlier private complaint has been filed by him and, therefore, it is requested to quash and set aside the impugned FIR.