GULAB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Misc. Petition has been filed by the petitioner Gulab Chand Bansal assailing the FIR No. 298/2012 registered P.S. Rawatsar Dist.Hanumangarh for the Offences under Sees. 218, 219, 465, 467, 468, 471 and 120B IPC.

(2.) The FIR in question was filed by Nathu Ram respondent No.2 against the present petitioner and few others. It may be stated here that Prem Chand s/o. Nathu Ram lodged a prior complaint against the present petitioner Gulab Chand Bansal in the Court of Sessions Judge, ACD Cases, Bikanei, for virtually the same allegations for which the FIR under challenge has been lodged. The complaint filed by Prem Chand was forwarded by the learned Sessions Judge, Anti Corruption Cases, Bikaner to the Anti Corruption Bureau for inquiry under Sec. 202 Cr P.C. The concerned officer of Anti Corruption Bureau after making inquiry has submitted a negative report in the Special Court finding the allegations levelled by the complaint not made out and substantiated. Now the matter is pending before the learned Special Judge, Anti Corruption Cases, Sri Ganganagar for further consideration of the complaint under Sees. 200 and 202 Crimial P.C. The offences which have been set out in the FIR are based on identical allegations as were made in the complaint filed by Prem Chand son of the complainant herein, the only difference being that the additional offence under the Prevention of Corruption Act had been applied in the Prem Chand's complaint. Thus, virtually the FIR No. 298/2012 which has been lodged by Nathu Ram is nothing but a second FIR on the same facts. Allowing continuance of investigation of such an FIR would be nothing but a gross abuse of the process of the Court as held by the Honourable Supreme Court in the case of T.T. Antony Vs. State of Kerala and Ors., reported in 2001 (2) Apex Court Journal 24 (S.C.) : AIR 2001 SC 2637.

(3.) Consequently, this Court is of the opinion that it is a fit case wherein the High Court's powers under Sec. 482 Cr.P.C are required to be exercised for quashing the impugned FIR. The Misc. petition thus deserves to be and is hereby allowed. The FIR No. 298/2012 registered as P.S. Rawatsar, Dist. Hanumangarh against the petitioner and all subsequent proceedings thereunder are hereby quashed.