JUDGMENT :

1. The petition being Criminal Misc. Application No.7732 of 2017 is for quashing of F.I.R. being C.R. No.I- 30/2017 registered at Dabhoi Police Station, District Vadodara (Rural) on 10.03.2017 for the offence under sections 409, 420, 468, 471 and 120B of IPC, and petition being Criminal Misc. Application No.7735 of 2017 is for quashing of F.I.R. being C.R. No.I-05/2017 registered at Chanod Police Station, District – Vadodara (Rural) on 10.03.2017 for the offence under sections 406, 409, 420 and 114 of IPC.

2. Both the petitions are preferred under Section 482 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) by common petitioner, who is arraigned as an accused in three FIRs i.e. the impugned FIRs and F.I.R. being C.R. No.I-02/2017 registered at Chanod Police Station, District – Vadodara (Rural) on 22.02.2017 for the offence under sections 406, 409, 420 and 114 of IPC.

3. The petitioner is a Civil Engineer at Taluka Panchayat, Dabhoi. She has been accused of the offence for sections as referred hereinabove in three of the FIRs alleging the occurrence of offence between 01.04.2015 to 02.02.2017. The complainant of all the three FIRs is Dinesh Manubhai Tadvi, who served for about 24 years as Distribution Officer, Agriculture in Narmada District and received promotion on 14.02.2017 as Taluka Development Officer (for short “TDO”) and on 17.02.2017, he took the charge at Dabhoi as TDO.

4. Advocate Ms. Kruti M.Shah referring to the judgments of T.T. Antony Vs. State of Kerala, reported in (2001) 6 SCC 181, and Amitbhai Anilchandra Shah Vs. The Central Bureau of Investigation and Ors., reported in (2013) 6 SCC 384, stated that the contents in FIRs are inter-connected and therefore there cannot be multiple FIRs for the same offence. Ms. Shah stated that the complainant is common in all three FIRs, who has alleged of the offence, which is stated to have occurred from 01.04.2015 to 02.02.2017 for the irregularities found in construction of the toilets under government scheme named as “Swachchh Bharat Mission Yojna” for the year 2015-16. 4.1 Advocate Ms. Shah stated that the irregularity, which has been observed is under one scheme at Village Chanod and Dabhoi and two of the FIRs of village Chanod, Mandwa and Dharampuri. Prayer was thus made to quash the impugned FIRs.

5. While learned APP, Mr. Pranav Trivedi, states that all the FIRs are not in respect of the same incident, but have occurred at different villages with different conspirators and cannot be considered as have taken place in the course of same transaction or same occurrence. It is submitted by APP that all the FIRs in truth and substance are different. Some instances in the FIRs show larger conspiracy as compared to the other, and submitted that ‘test of sameness’ and ‘test of consequences’ applied would suggests that the chargesheets cannot be clubbed together.

6. In F.I.R. being C.R. No.I-02/2017, the accused are six in number, while the allegations are against Ex- Sarpanch, Talati-cum-Mantri, Block Coordinator and two Cluster Coordinators along with the present petitioner as Civil Engineer of Taluka Panchayat, Dabhoi. The complainant TDO had received an application on 03.02.2017 of Ahulkumar Rajubhai Machhi, resident of Chanod village, Taluka – Dabhoi, District Vadodara, alleging large scale corruption under Swachchh Bharat Mission Yojna of 2015-16 in village Chanod, and it is stated that H.K. Vyas, Deputy Shri District Gram Development Agency, Vadodara was handed over the inquiry, and on 08.02.2017, he visited village Chanod, when he found that out of 222 sanctioned toilets only 29 were constructed. He found irregularities in the statement listed as ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, FIR is with the allegation that all the accused misusing the position under concert gave false certificate and has misappropriated the government money of Rs.19,59,000/- and has caused the offence of cheating and criminal breach of trust.

6.1 In F.I.R. being C.R. No.I-05/20