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2023 Supreme(Pat) 370

ANSHUMAN
Lallan Kishor Arohi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Shailesh Kumar Singh.
For the Respondents: Mr. Saroj Kumar Sharma, AC to AAG III.

Criminal Procedure Code, 1973—Section 300—Constitution of India—Article 20(2)—Indian Penal Code, 1860—Sections 467, 468, 471, 420 and 409—Forgery, criminal breach of trust and cheating—Quashing petition—Plea of Double Jeopardy—In both FIRs basic allegation is same and in earlier case of 2003, final form submitted which duly accepted by Court of Chief Judicial Magistrate, against which State has not preferred any action and it acquired finality—After lapse of about 13 years raising same issue particularly when question of termination of petitioner has been tested by this Court at least four times and again filing this case against petitioner to proceed under criminal justice system is basically abuse of process of Court—Criminal proceedings quashed—Petition allowed. (Paras 10 and 11)

Case Referred:

T.P. Gopalakrishnan vs. State of Kerala, 2023 (1) PLJR (SC), 427—Relied.

Dr. Anshuman, J.—Heard learned counsel for the petitioner and the State.

2. The present writ petition has been filed for quashing of the first information report of Khizarsarai P.S. Case No. 93 of 2016 registered under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code lodged by respondent no. 2, the Distric

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