PRAVINBHAI JADAVBHAI KUKADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR being C.R.No.11198019220029 of 2022 registered with Gariadhar Police Station, District Bhavnagar.

(2.) Heard Mr. N. D. Nanavaty, learned Senior Advocate assisted by Mr. Rahul Dholakia, learned advocate for the applicants and Mr. Ronak Raval, learned APP for the respondents.

(3.) Learned counsel appearing for the applicants mainly contended that the concerned Police Officer of Gariadhar Police Station has filed FIR being C.R.No.11198019220028 of 2022 against the present applicants for the alleged offence punishable under the Prohibition Act. Learned counsel has referred the averments and allegations made against the present applicants in the said FIR. It is submitted that for the same incident and same transaction now the impugned FIR is lodged on the very same day for the alleged offence punishable under the provisions of the Indian Penal Code. It is submitted that in the impugned FIR, similar type of allegations are levelled against the applicants as levelled in the first FIR and therefore the impugned FIR is second FIR, which is not permissible as per the decisions rendered by the Hon'ble Supreme Court in T.T.Anthony v. State of Kerala & Others, reported in (2001) 6 SCC 181, Amitbhai Anilchandra Shah v. CBI, reported in (2013) 6 SCC 348 and Arnab Ranjan Goswami v. Union of India, reported in (2020) 14 SCC 12.