The institution of a second FIR for the same incident when investigation is ongoing is illegal.

Mridula Mishra, J.

1. All these criminal miscellaneous application have been filed for similar relief as such have been taken together and are being disposed of by this common order.

2. Petitioners in all these applications are Class-A1 contractors doing contract work in various Central Government projects as well as the State Government projects Including Railway, C.P.W.D. etc. They are alleged to have deposited the stolen National Saving Certificate (N.S.C.) and Kishan Vikash Patras (K.V.P.) in connection with surety for contract. These NSCs and KVPs were stolen from railway wagon at Patna Railway Junction. G.R.P.S. Case No. 29 of 1998 was earlier registered on 24-2-1998 in connection with theft of crores of NSCs and KVPs. The informant of this case was Laxman Dixit, S.I. G.R.P.F. F.I.R. was against unknown. During the course of investigation several persons were included in the list of accused including the petitioners as they furnished stolen NSCs and KVPs as security for contract. Investigation in this case is going on though charge-sheet has been submitted in case of some accused persons and cognizance has also been taken. So far the petitioners are concerned investigation against them is still continuing.

3. Petitioners have filed all these applications for quashing of the F.I.R. vide Patna Junction G.R.P.S. Case No. 225 of 2006 (Special Case No. 33 of 2004), dated 30-6-2006 under Secs. 467, 468. 471, 414, 420, 120B of the Indian Penal Code, sec. 13(1)(d)(1), 13(1)(c), 13(2) of the Prevention of Corruption Act, 1988 and sec. 3 of the Railway Property Unlawful Possession Act.

4. The prosecution case as disclosed in the written complaint by the informant Ramesh Prasad Verma, A.S.I. Patna Junction Rail Police is to the effect that he was I.0. in Rail P.S. Case No. 29 of 1998, dated 24-2-1998 and the D.I.O. (Rail) during the supervision of the case on 16-6-2006 and the office of the S.P. (Rail) issued order contained in Memo No. 1366 CR dated 24-6-2006. In compliance of these direction the informant recorded his statement as the conduct of the informant Sri Laxman Dixit, Inspector. R.P.F. (informant of G.R.P.S. Case No. 29 of 1998) was found to be suspicious. As per provision of Art. 20(3) of the Constitution of India no one can be compelled to depose against himself hence Laxman Dixit could also not be compelled to depose evidence on behalf of the prosecution. Earlier on the statement of Laxman Dixit case was instituted in which it is stated that out of parcels in the wagon certain parcels were required to be un-loded at its destination at Patna Junction and thereafter railway wagon was to be sent to Howrah after sealing it but instead of sending the wagon to Howrah after seal It remain stationed at Patna Railway Yard and the seal of the wagon was found broken on various dates at Patna Railway Yard and was resealed. As per the Rule the concerned officer was obliged to examine atid take statutory action If the seal was broken but the wagon was re-sealed. If a public servant breaches any statutory provision of Rule and extends any financial gain to any person, such act is a punishable offence. The wagon was sealed on 25-12-1997 after un-loading at Patna Junction (Wagon No. CR. 64037) was sealed on 25-11-1997 at Patna Junction Yard and thereafter on 22-1-1998, 2-2-1998, 8-2-1998, 10-2-1998, 16-2-1998 and 19-2-1998 its seal was found broken and was re-sealed. On 24-2-1998 Sri Laxman Dixit the then Incharge, RPF, Patna Junction informed that from the said wagon NSCs of postal Department worth Rs. 40 crores and Kisan Vikas Patra worth Rs. 40 crores have been stolen. This guess work of theft was as per entries in the loading guidance but from the fardbeyan it transpires that in the said wagon parcels packet beyond loading guidance was found which were booked from Patna to Gauhati, as such there were parcels beyond the loading guidance. The cost of security stolen may be more than 80 crores. When F.I.R. was instituted the