KANAIYALAL SUNDARJI DETROJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India and under sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C .") for quashing and setting aside the FIR being I-C.R. No.7/2018 registered with ACB Police Station, Gandhinagar, for the offences punishable under Sec. 13(1)(e) and 13(2) of the Prevention of Corruption Act , 1988 (hereinafter referred to as the ' P.C. Act ' for short) as well as sought direction to the concerned authority to declare that the only charge-sheet in connection with FIR being I-C.R. No.6/2018 registered with ACB Police Station, Gandhinagar shall lie against the petitioner, and/or direction to the concerned department to reinstate the petitioner into service.

(2.) It is stated that on the basis of an intelligence report against the officers of the Gujarat State Land Development Corporation, Gandhinagar (hereinafter referred to as the 'GSLDC' for short) of receiving commission and bribe, a raid was carried out on 12/4/2018, where the petitioner was serving as Managing Director and the raiding team recovered a black bag from the present petitioner, wherein cash of Rs.1,28,000.00 and gold earrings along with bill of Rs.30,584.00 were found. Petitioner states that pursuant to the said search an FIR being I-C.R. No.6/2018 came to be registered with ACB Police Station, Gandhinagar for the offences punishable under Sec. 8 , 10 and 13(2) of the P.C. Act.

(3.) Mr. Narendra K.Amin, learned advocate for the petitioner submits that, the present FIR is nothing but repetition of investigation which has already taken place in earlier FIR where chargesheet has already been filed. He submits that merely after three days of the registration of earlier FIR, on 16/4/2018 another impugned FIR came to be registered with the same police station but by another officer i.e. respondent no.2 herein. He states that law does not permit registration of another FIR for the same offence.