SURESH CHANDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been made for the purpose of quashing the F.I.R. in relation to case Crime No. 1092 of 2005, under Sections 467, 468, 471, 420 I.P.C., Police Station Kotwali Orai, District Jalaun and not to arrest the petitioners along with incidental prayers

(2.) The first case of the petitioners is that at an earlier occasion, a charge sheet has been submitted in Case Crime No. 824 of 2005 as against the persons in connection with one M/s Rajkot Machinery Stors Jalaun at Orai. The petitioners are implicated by way of the alleged second F.I.R. registered as case Crime No. 1092 of 2005.

(3.) Sri Satish Trivedi, learned Senior Counsel appearing on behalf of the petitioners, has contended before this Court that the second F.I.R. cannot be held to be maintainable in the eye of law. The offence is to be taken into account but not the offender. If it is so, in that case, no second F.I.R. can be lodged on account of commission of the same offence. Since the charge sheet has been filed before the court of competent jurisdiction, further investigation can be proceeded with the leave of the court in view of Section 173(8) of the Code of Criminal Procedure. There is no necessity of making a separate F.I.R. which is wrongful loss on the part of State machinery.