JUDGMENT :

GITA GOPI, J.

1. The present petition has been filed under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) for quashing and setting aside the FIR being I-C.R. No. 7/2018 registered with ACB Police Station, Gandhinagar, for the offences punishable under sections13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘P.C. Act’ for short) as well as sought direction to the concerned authority to declare that the only charge-sheet in connection with FIR being I-C.R. No. 6/2018 registered with ACB Police Station, Gandhinagar shall lie against the petitioner, and/or direction to the concerned department to reinstate the petitioner into service.

2. It is stated that on the basis of an intelligence report against the officers of the Gujarat State Land Development Corporation, Gandhinagar (hereinafter referred to as the ‘GSLDC’ for short) of receiving commission and bribe, a raid was carried out on 12.04.2018, where the petitioner was serving as Managing Director and the raiding team recovered a black bag from the present petitioner, wherein cash of Rs.1,28,000/- and gold earrings along with bill of Rs.30,584/- were found. Petitioner states that pursuant to the said search an FIR being I-C.R. No. 6/2018 came to be registered with ACB Police Station, Gandhinagar for the offences punishable under sections 8, 10 and 13(2) of the P.C. Act.

2.1 Petitioner further states that after the investigation, chargesheet came to be filed, wherein the petitioner has been shown as accused no. 2, and after registration of the said FIR, another FIR being I-C.R. No. 7/2018 with same set of allegations came to be filed on 16.04.2018 with the ACB Police Station, Gandhinagar.

2.2 It is stated that petitioner had approached this Court by preferring Special Criminal Application No. 3486 of 2018 for quashing of FIR being I-C.R. No. 6/2018 and I-C.R. No. 7/2018 and alongwith the said application, the petitioner had also preferred two regular bail applications being Cr.M.A. No. 9856 of 2018 and Cr.M.A. No. 9866 of 2018. The petitioner has been released on regular bail by order of this Court dated 19.06.2018 in connection to both the FIRs, while quashing petition being SCR.A. No. 3486 of 2018 came to be disposed of as withdrawn and liberty to the petitioner was granted to file afresh after filing of the chargesheet. It is stated that after lapse of two years chargesheet could not be filed and hence the present successive petition.

3. Mr. Narendra K.Amin, learned advocate for the petitioner submits that, the present FIR is nothing but repetition of investigation which has already taken place in earlier FIR where chargesheet has already been filed. He submits that merely after three days of the registration of earlier FIR, on 16.04.2018 another impugned FIR came to be registered with the same police station but by another officer i.e. respondent no. 2 herein. He states that law does not permit registration of another FIR for the same offence.

3.1 Mr. Amin submits that the impugned FIR and further proceedings thereto is bad in law and the same does not disclose any cognizable offence, therefore, the same is required to be quashed and set aside. He submits that the investigation in connection with the impugned FIR has not progressed since last two years and from the conduct of the investigating agency the chances of petitioner being reinstated in service are hampered.

3.2 Mr. Amin contended that even by prima facie reading of the FIR no case is made out against the present petitioner, as the monthly salary of the petitioner was more than the amount recovered during the raid. He submits that during the search at the house of the petitioner nothing incriminating had been discovered or recovered which amounts to the case of disproportionate assets. He submits that any disclosure of any alleged offence does not warrant recording of series of FIR and th