JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned counsel for the State.

2. This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short FIR) of Ghosi P.S. Case No. 478 of 2018 registered on 05.12.2018 under Sections 420, 468, 470 and 471 of the Indian Penal Code (for short IPC).

3. Learned counsel appearing for the petitioner submitted that for the same cause of action, the petitioner is being prosecuted twice as two FIRs have been filed one after other within a gap of six months. The aforesaid action of the respondents is neither sustainable in law nor on facts. Hence, the later FIR is liable to be quashed.

4. Per contra, learned counsel appearing for the State submitted that the FIR of Ghosi P.S. Case No. 478 of 2018 was registered on 05.12.2018 at the instance of one Pramod Kumar Mishra, Special Land Acquisition Officer, Sone Project, Aurangabad whereas the first case i.e. Ghosi P.S. Case No. 174 of 2018 dated 16.06.2018 was registered on the basis of written report submitted by the Circle Officer, Moda