SUKHPAL KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is for quashing of FIR No. 50 dated 8.5.2011 under Sections 409/420/467/468/471/120-B IPC registered at Police Station Cantt. Ferozepur (Annexure P2) on the ground that FIR No. 59 dated 17.6.2010 under Sections 409/420/468/ 471/120-B IPC has already been registered with regard to the same offences.

(2.) Petitioners are husband and wife and have joined the department as Constables. Both the petitioners were promoted as Head Constables. At the instance of HC Devi Lal an FIR No. 59 dated 17.6.2012 under Sections 409/420/467/ 468/471/120-B IPC was registered against the petitioners. There was allegation of embezzlement of miscellaneous funds, sports funds and Mess funds etc. against the petitioners. The period of alleged embezzlement relates to the years 2009 and 2010.

(3.) A second FIR No. 50 dated 8.5.2011 under Sections 409/420/467/468/471/120-B IPC has been registered against the petitioners at the instance of HC Devi Lal on the same cause of action. The period of alleged embezzlement relates to the year 2008, 2009 and 2010. The second FIR on the same cause of action is liable to be quashed in view of the law laid down by the Supreme Court in T.T.Antony v. State of Kerala and others, 2001 AIR(SC) 2637.