SAGAR HARESHBHAI BANAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present petition is filed seeking for following the main reliefs:

(2.) Brief facts as per the case of the petitioner in this petition are as such that an FIR came to be lodged before Deesa North Police station on 7/8/2021 being C.R.No.11195016210483 of 2021 for the alleged offences punishable under Ss. 406, 420, 465, 467, 468 and 471 of the Indian Penal Code. The petitioner came to be arrested in conection with the offence on 9/8/2021 and since then he is behind the bars. The investigation is over and chargesheet is filed. Second FIR came to be filed for the same offence and same subject matter with same issue on 14/10/2021 by the witness of the earlier FIR before same police Station being C.R.No. 11195016210589 of 2021 for the offences punishable 406, 420, 465, 467, 468, 471, 167 and 120-B of the Indian Penal Code as also under Ss. 13(1)(b) and 13(1)(c) of the Prevention of Corruption Act. As per the case of the petitioner in this petitioner that there can not be two FIRs for the same offence and therefore, second FIR is violative of Article 14 ,20 and 21 of the Constitution of India. misuse of process of law. Hence, the present petition is preferred.

(3.) Heard Mr. Pravin Gondaliya, the learned advocate for the applicant, Mr. Dhawan Jayswal, the learned Additional Public Prosecutor (APP) for the respondent No.1 - State.