ASHWANI KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The present petition has been filed for quashing of F.I.R. No. 11 dated 5.2.2012 (Annexure-P-4), registered under Sections 419/420/465/467/468/471/120-B I.P.C. at Police Station Mataur, District SAS Nagar (Mohali), on the ground that on the similar facts, F.I.R. No. 22 dated 1.2.2011 (Annexure-P-1) was registered under Sections 420/406/465/467/468/471/120-B I.P.C. at Police Station City Khanna, in which challan dated 26.5.2012 (Annexure-P-5) has been filed and the charges have been framed, vide chargesheet dated 11.10.2012 (Annexure-P-6) and the petitioner is being tried in the Court of Sub Divisional Judicial Magistrate, Khanna. A perusal of F.I.R. No. 22 dated 1.2.2011 (Annexure-P-1) shows that certain allegations were levelled against the present petitioner and three others regarding opening of different bank account by providing forged I.D. proofs. Later on, the Senior Superintendent of Police, District Khanna, wrote a letter to the Senior Superintendent of Police, District SAS Nagar (Mohali), enumerating that some of bank accounts are within the jurisdiction of District SAS Nagar (Mohali). Therefore, on the basis of the said letter, another F.I.R. No. 11 dated 5.2.2012 (Annexure-P-4) was registered at Police Station Mataur, District SAS Nagar (Mohali).

(2.) Learned counsel for the petitioner contends that for the same offence, there cannot be two trials.

(3.) The legal position is not disputed. If initially the F.I.R. was registered at Police Station City Khanna and some part of the offence was committed within the jurisdiction of some other police station, the offence could be enquired into and tried in District Khanna. In these circumstances, the registration of second F.I.R. at District SAS Nagar (Mohali), regarding part of the offence, is misused of process of Court.