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2022 Supreme(Raj) 1871

CHANDRA KUMAR SONGARA
Kailash Chand Bohra – Appellant
Versus
State Of Rajasthan Through Public Prosecutor – Respondent


Advocates appeared:
Mr. Kapil Gupta, Advocate, for the Appellant
Mr. S.S. Ola, Public Prosecutor, for the Respondent.

ORDER

1. Instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred for quashing of impugned F.I.R. No.145/2021 registered at Police Station Bajaj Nagar, Jaipur City (East) for commission of offence punishable under Section 166-A of Indian Penal Code.

2. Learned counsel appearing for the petitioner submits that the impugned F.I.R. bearing No.145/2021 is nothing except an abuse of process of law, as two F.I.Rs. have been lodged for the same offence arising out of same incident, which violates the Article 20 of the Constitution and also of Section 300 of Cr.P.C. as lodging of two F.I.Rs., would lead to two separate trials, which is against the established principles of law. Counsel further submits that the petitioner did not require the complainant to attend his office for investigation, rather it was the complainant, who had persistently asked the Investigating Officer/petitioner to come and visit her office. Counsel also submits that the Special Court under the Prevention of Corruption Act trying the offence is also competent to try any other offence and, therefore, the present F.I.R. is solely an abuse of process of law, as t

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