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, Modanganj. In the first case i.e. Ghosi P.S. Case No. 174 of 2018 apart from the petitioner Anil Kumar, two others, namely, Raj Kumar Sharma and the then Circle Inspector were made accused whereas in the second case, it is the petitioner alone who has been made accused. He has further contended that since the allegations are serious and have been registered by different officials at two different point of time, there is no illegality in continuing with the investigation of both the cases. He has submitted that investigation of both the cases is in advanced stage. He has pleaded that during pendency of investigation, it would not be proper for this Court to interdict the FIR of the later case i.e. Ghosi P.S. Case No. 478 of 2018.

5. I have heard learned counsel for the parties and carefully perused the record.

6. On 16.06.2018 Ghosi P.S. Case No. 174 of 2018 was registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468 and 471/34 of the I.P.C. against the petitioner, the then Revenue Clerk Raj Kumar Sharma and the then Circle Inspector of Modanganj circle at the instance of one Pramod Kumar Mishra, the then Circle Officer of Modanganj, circle. In his written report submitted to the Officer-in-charge of the Ghosi police station, he has stated that the petitioner has received the amount of compensation for acquisition of plots of land acquired for the purpose of construction of "Afflux Bundh Mandai Weir" by producing land possession certificate and rent receipts issued by the then Revenue Clerk Raj Kumar Sharma and the then Circle Inspector. The land possession certificate was issued in favour of the petitioner even without making any physical verification.

7. After lapse of six months of coming into existence of Ghosi P.S. Case No. 174 of 2018 the Special Land Acquisition Officer, Sone Project, Aurangabad gave a written report to the officer-in-charge of the Ghosi police station stating therein that for construction of "Afflux Bundh Mandai Weir" the Executing Engineer, Water Resources Division, Ghosi, Jehanabad sent requisition for permanent acquisition of 62.51 acre of land in village- Pariyawan, Aurangabad police station. On the basis of said requisition land acquisition proceeding was initiated by the Special Land Acquisition Officer, Sone Project, Aurangabad. Under the said scheme out of 1448 Raiyats, 974 were already paid compensation. In course of payment of compensation in respect of land acquired in village Pariyawan of Thana No. 544, Khata No. 302, Khesra No. 09, Area-0.9075, Khesra No. 24, Area-0.28, Khesra No. 17, Area-0.53, Khesra No. 32, Area-0.41, Khesra No. 51, Area-0.215, Khesra No. 52. Area-0.03, Khesra No. 25, Area-0.57 making total area 2.9425 acre, rupees one crore twenty four lacs seventy six thousand and two hund