A second FIR is permissible if it presents new facts or different allegations, necessitating a proper investigation by the police.

ORDER

1. The instant criminal petition has been filed by the petitioner for quashing FIR No. 130/2021 registered at Police Station Kotwali, Tonk.

2. The brief facts of the present petition are as under:-

(i). One complainant-Rajendra Singh Tomar filed a complaint under Section 156 (3) of Cr.P.C. wherein allegation was levelled that there were certain jail inmates in the District Jail, Tonk and these persons were indulging in extortion of money from the other inmates by using their undue influence.

(ii). The complainant had specifically pleaded that certain persons namely, Meghraj Jat, Rajesh Chaiwala & Ram Pandey and all the officers and employees of District Jail, Tonk were involved in commission of such crime.

(iii). The complainant further narrated the fact of giving beating to the jail inmates if the money was not transferred in account of certain persons and as such, complaint was filed for taking cognizance for offences said to be committed under Sections 323, 341, 506, 342, 351, 352, 374, 119, 120, 120-B, 161, 162, 166, 384, 385 & 34 of IPC and under Sections 7, 8, 13(1) & 13(2) of the Prevention and Corruption Act, 1988 (hereafter the 'Act of 1988').

(iv). The said complaint filed by the complainant was sent to the Police for investigation and Police thereafter lodged an FIR No.293/2020 on 09.09.2020 for offences under Sections 323, 341, 506, 342, 351, 352, 374, 119, 120, 120-B, 161, 162, 166, 384, 385 & 34 of IPC and under Sections 7, 8, 13(1) & 13(2) of the Act of 1988.

(v). The police after registration of FIR, made one Meghraj Jat, Rajesh Chaiwala and Ram Pandey as accused and further wrote in the column of accused persons at Serial No. 4-Samast Jail Adheekari Karmachari. The Police after registration of FIR conducted investigation and submitted final report.

(vi). The police after investigation found that there was no allegation proved during the statements recorded under Section 161 Cr.P.C. that any incident relating to giving beating to inmates of jail was committed and no such complaint was ever found to be received by the Police Authorities by any of the inmates.

(vii). The investigation further revealed that offences under Sections 7, 8, 13(1) & 13(2) of the Act of 1988 was prima facie committed and as such, investigation was handed over to one ASI-Prabhu Singh Rajawat. The Civil Police recorded in its final report that since it did not have any jurisdiction to take cognizance for offences said to be committed under the Act of 1988 and as such, the case was said to be wrongly registered by the Police under the Act of 1988 and in absence of any evidence of commission of any offence, the Final Report was submitted to the Court concerned. While the final report was submitted before the Court, it was recorded therein that the Public Prosecutor has filed the final report as the case was found to be of civil nature.

(viii). The complainant raised the objection for acceptance of final report and as such, he wanted time to file a protest petition. The matter is said to be sub-judice before the Court for considering the protest petition.

3. Learned counsel for the petitioner submitted that on the same set of facts, one FIR No. 130/2021 was registered on 22.03.2021 by the same complainant under Section 384 IPC. In the said FIR, details of different mobile numbers were given in respect of transaction of money in account of certain accused persons including the present petitioner, where the total sum of Rs. 16,68,000/- was found in the account of the present petitioner.

4. Learned counsel for the petitioner has further drawn attention of this Court that after registration of FIR, letter was written on 26.03.2021 by SHO, Police Station Kotwali, Tonk to ACJM, Tonk whereby it was informed that inadvertently in the FIR, name of the complainant was wrongly written as 'Rajendra Singh Tomar' and as such, name of the complainant one 'Shri Alok Kumar Vashishtha, Inspector General of Police (Prison), Jaipur' may be mentioned in the FIR. On th