NAZIR HUSSAIN SHAH Vs. STATE

JUDGEMENT

(1.) Through the medium of present petition filed under Sec. 561-A CrPC, the petitioner inter alia seeks quashment of FIR No.27/2018 dtd. 16/8/2018 registered under Sec. 5(1)(d),4(a) PC Act at Police Station Vigilance organization Jammu on complaint of respondent No.2 on the ground that the petitioner was posted at Police Station, Mandi as constable (Marhar) and during that period the petitioner approached respondent No.2 for taking loan in order to construct his residential house. Taking into consideration good relations, respondent No.2 advanced loan of Rs.75,000.00 to the petitioner; that after sometime the petitioner got transferred from Police Station Mandi to Jammu; that respondent No.2 on his own started apprehending that the petitioner fled away with his money and under such apprehension respondent No.2 filed a written complaint against the petitioner before the SSP, Poonch and after enquiring the matter SHO P/S, Mandi was directed to lodge FIR against the petitioner and on the said directions an FIR No.48/2018 dtd. 4/6/2018 under Sec. 420 RPC was lodged against the petitioner; that on the same facts and circumstances of the case now Vigilance Department- respondent No.1 has also lodged an FIR No.27/2018 dtd. 13/8/2018 under Sec. 5(1)(d), 4(a) of the Prevention of Corruption Act. This FIR has been lodged on the enquiry report of Range Police Headquarters, Rajouri which was forwarded by SVC vide reference SVC/Complt/235/2017 dtd. 19/7/2018; that enquiry report was examined wherein it has been surfaced that the constable Nazir Hussain Shah was working in J&K Police as constable and was posted at Police Station, Mandi as Moharir, he demanded and accepted an amount of Rs.75,000.00 from the complainant in lieu of getting his son recruited as constable in Police Department.

(2.) The only question to be decided now is, as to whether on same facts and circumstances of case, two FIRs can be lodged by two different agencies.

(3.) In 2013 (5) SCC 148 case titled Surender Kaushik and others Vs. State of U.P. and others, it is held as under:-