PAWAN TAMRAKAR Vs. M.P. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioners have prayed for quashing the FIR in Crime Nos. 99/2015, 100/2015, 101/2015, 148/2015, 149/2015, 150/2015, 151/2015, 152/2015, 195/2015, 196/2015, 197/2015 and 198/15 and have made a further prayer for consolidating the above FIRs and clubbing them with Crime No. 98/15.

(2.) FIR in Crime No. 98/2015 dated 31.03.2015 has been registered in Special Police Establishment Bhopal for commission of offence under Section 120-B, 409, 420, 467, 468 of the IPC and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The allegation against the petitioners is that while working in different capacities in Genius Paramedical Institute, Pagara Road, Sagar, the petitioners had submitted the forged list of the students and had claimed scholarship amount. The impugned FIRs have been registered containing similar allegations in respect of different courses run by the Institute.

(3.) Shri Anil Khare, learned Senior Advocate appearing for the petitioners submits that all the FIRs are based upon the same preliminary enquiry; they relate to the same academic year and based upon the same cause of action, therefore all the impugned FIRs should be consolidated and clubbed with the FIR No. 98/2015. He further submits that no student has filed the complaint but it is the Lokayukta which has filed the FIR. He has also submitted that in respect of the similar incident by the other institutes only one single FIR has been lodged. In support of his submission, he has placed reliance upon the judgment of the Supreme Court in the matter of Dr. Jerryl Banait vs. Union of India and another, Arnab Ranjan Goswami vs. Union of India and others reported in (2020) 14 SCC 12, Amitbhai Anilchandra Shah vs. Central Bureau of Investigation and another reported in (2013) 6 SCC 348 and T.T. Antony Vs. State of Kerala and others reported in (2001) 6 SCC 181.