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 District Education Officer, Gaya.

3. Counsel for the petitioner submits that with the same cause of action and with same allegation another case, namely, Khizarsarai P.S. Case No. 95 of 2003 was filed before the Court of the Chief Judicial Magistrate, Gaya, against the petitioner, but, in the said proceeding final form has been submitted as mistake of fact which was accepted by the Chief Judicial Magistrate, Gaya, vide order, dated 06.11.2004. The counsel for the petitioner submits that it is the gross violation of Article 20(2) of the Constitution of India as the principles of double jeopardy is in the favour of the petitioner.

4. Counsel for the State submits that from the record, it transpires that with similar allegation case was filed in which final form has been submitted and with the same allegation the present first information report bearing Khizarsarai P.S. Case No. 93 of 2016 which is under challenge, has been filed.

5. For the just decision of the case it is necessary to discuss the entire case which is as follows :

6. The petitioner was appointed as Assistant Teacher at High School, Maqsoodpur, Gaya, on 04.08.1992 in the pay scale of 1640-2900 vide Memo No. 100 issued by the Department along with other teachers after following the process of law. Appointment letter is at Annexure 1. Counsel further submits that in the year 2003 particularly vide letter no. 734 dated 12.11.2003, the petitioner was terminated from his service and first information report bearing Khizarsarai P.S. Case No. 95 of 2003 was filed. In the said case police has submitted the final form on 09.08.2004 stating that it is a mistake of facts. The termination letter of the petitioner (letter no. 734, dated 12.11.2003) was challenged before the Hon’ble High Court in C.W.J.C. No. 8721 of 2003, which was allowed in favour of the petitioner on 02.03.2007 on the ground of violation of natural justice. Subsequently, the Department has proceeded afresh in the light of order passed in C.W.J.C. No. 8721 of 2003 and upon hearing, the Department has terminated him on 27.06.2007 vide Memo No. 436. The petitioner has challenged his termination this time on merit in C.W.J.C. No. 13421 of 2009. The said order passed in C.W.J.C. No. 13421 of 2009 was finally decided in favour of the petitioner on 11.10.2012 in which the termination of the petitioner was set aside and the Department was directed to make payment.

7. Being aggrieved and dissatisfied, the State has preferred LPA No. 540 of 2013 against the said order, dated 11.10.2012, passed in C.W.J.C. No. 13421 of 2009. After hearing, the Hon’ble Division Bench of this Court has been pleased to dismissed the LPA No. 540 of 2013 vide order, dated 01.11.2013. Counsel submits that in the order of the LPA there was an observation given by the Division