SHAILESH GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has filed this petition seeking quashing of the FIR No. 294 dated 10.11.2007 (Annexure P4) registered at Police Station Hodal, District Faridabad under Sections 420 and 409 of the Indian Penal Code (for short'IPC) and all consequential proceedings arising therefrom.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner was working as an Accountant and allegations of embezzlement were levelled against him. FIR No. 197 dated 20.7.2006 was registered against the petitioner at Police Station Hodal under Sections 406, 409, 420, 467, 471 and 120-B IPC. Petitioner was duly tried by the trial Court in the said case and was acquitted of the charges levelled against him except qua offence under Section 420 IPC. Appeal filed by the petitioner challenging his conviction and sentence under Section 420 IPC was pending. State had filed an appeal challenging the acquittal of the petitioner with regard to the remaining charges framed against him. On the same allegations, present FIR in question bearing No. 294 dated 10.11.2007 under Sections 420 and 409 IPC had been registered against the petitioner at Police Station Hodal. Learned counsel for the petitioner has submitted that the petitioner could not be tried twice qua the same offence.

(3.) AFTER hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. Although the case of the petitioner is that in both the FIRs, the allegations levelled against him are the same but the case of the respondent-State is that the allegations in both the cases were different.