SITANSU SHEKHAR CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition under Section 482 Criminal Procedure Code (for short, the 'Cr.P.C') has been filed alleging abuse of process of Court as two FIRs have been lodged in different police stations against the petitioner in connection with the same set of facts and incident and against filing of charge sheet in Court.

(2.) THE brief facts of the case are that on 10.10.2002 the Under Secretary to Govt. of Orissa in Food and Civil Supplies Department, Orissa lodged a written FIR which was registered as Capital P.S. Case No. 462 of 2000 corresponding to G.R. Case No. 3254 of 2002 pending in the Court of the learned S.D.J.M., Bhubaneswar for the offences punishable under Sections 468/471/34, IPC. Another FIR was also registered at Nayagarh P.S. on 16.7.2003 under Sections 420/468/471, IPC corresponding to G.R. Case No. 330 of 2003 pending in the Court of the learned S.D.J.M., Nayagarh. The said FIR was lodged by the D.C.A. - cum -Joint Secretary, Food Supplies and Consumer Welfare Department, Govt. of Orissa on the same incident. The police filed charge sheet in both the cases and investigated the same separately. In both the FIRs the allegation was that letter No. 5712 dated 6.3.2002 which was numbered by the petitioner, was a forged one.

(3.) IN the case of T.T. Antony v. State of Kerala reported in 2001 Cri. L.J. 3329, the Apex Court has held as follows :