KAILASH CHAND BOHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred for quashing of impugned F.I.R. No.145/2021 registered at Police Station Bajaj Nagar, Jaipur City (East) for commission of offence punishable under Sec. 166-A of Indian Penal Code.

(2.) Learned counsel appearing for the petitioner submits that the impugned F.I.R. bearing No.145/2021 is nothing except an abuse of process of law, as two F.I.Rs.have been lodged for the same offence arising out of same incident, which violates the Article 20 of the Constitution and also of Sec. 300 of Cr.P.C. as lodging of two F.I.Rs.,.00would lead to two separate trials, which is against the established principles of law. Counsel further submits that the petitioner did not require the complainant to attend his office for investigation, rather it was the complainant, who had persistently asked the Investigating Officer/petitioner to come and visit her office. Counsel also submits that the Special Court under the Prevention of Corruption Act trying the offence is also competent to try any other offence and, therefore, the present F.I.R. is solely an abuse of process of law, as the offence under Sec. 166-A of I.P.C. could have been simultaneously added in F.I.R. No.80/2021. Counsel contends that the complainant has deliberately lodged the impugned F.I.R. against the petitioner on the basis of false, frivolous and bogus allegations. Hence, it is prayed that the present petition may be allowed and the impugned F.I.R. be quashed.

(3.) During the course of arguments, learned counsel appearing for the petitioner, has placed reliance upon the following judgments :-