Amareshwar Sahay, J.

1. Heard.

2. The prayer of the petitioner in this writ application is for quashing of the F.I.R. dated 27.04.2005 registered as Jharia P.S. Case No. 185/05 corresponding to G.R. No. 1221/05 under Sections 420/120-B of the Indian Penal Code against the five named accused persons including the petitioner Radheshyam Goswami.

3. Mr. V. Shivnath, learned Counsel appearing for the petitioner vehemently argued mainly on two grounds for quashing of the present F.I.R.. Firstly, that even if the allegations made in the F.I.R. is taken to be correct in its face value, no offence whatsoever under Section 420/120-B of the Indian Penal Code is made out against the petitioner and secondly that the present F.I.R. was hit be Section 162 Cr.P.C. because with regard to the same occurrence, one Nitesh Agarwal had already submitted a complaint to the Officer Incharge, Jharia Police Station which has already been entered in Station Diary Entry and therefore, for the same occurrence, the institution of present F.I.R. was bad in law.

4. In support of his submissions, Mr. V. Shivnath, learned Counsel for the petitioner has relied on decisions (S.W. Palanikar and Ors. v. State of Bihar and Anr.) and AIR 2000 SC 2341 (Hridaya Ranjan Pd. Verma and Ors. v. State of Bihar and Anr.).

5. From the allegations made in the present F.I.R. lodged by one Ajit Keshri, it appears that it has been alleged therein that one day Shailesh Kejriwal came there and gave him offer along with some other shopkeepers of Jharia area to give 10% commission on purchase of Reliance Mobile Recharge Coupon, if the same is purchased from him. Two-three days thereafter, Rohit Kejriwal, Shailesh Kejriwal and Radheshyam Goswami came to his shop and Radheshyam Goswami told him that he takes the guarantee of their money would be quite safe. On the next day, the informant paid Rs. 32,000/- for the purchase of Recharge Coupons.

6. It is further alleged in the F.I.R. that again on 10th March, the accused persons induced the informant to invest huge amounts to have large stock so that they may not face difficulties in near future. Thereafter, on 27.03.2005, in the morning, Shailesh came to the shop of the informant and told him to give money in the evening in his uncles (MAMA) house at Swami Niwas situated at Rajbari Road (Mr. V. Shivnath, learned Counsel for the petitioner, clarified that MAMA is the present petitioner). Thereafter, the informant went there at about 7:00 P.M. Shailesh asked as to how much money the informant and other persons had brought there. On this, Nitesh Agarwal, Ajit Keshri, Dhananjay Vishwakarma and Mohan Singh gave the money in the hands of Radheshyam Goswami totaling Rs.2,50,000/- by way of advance. Thereafter, Radheshyam Goswami told the informant and other persons who had given money to him to come again in the evening of 05.04.2005 to take Recharge Coupon of Reliance Mobile from him but when the informant went there, the accused Radheshyam Goswami was not there. Thereafter, on 07.04.2005, at about 6:00 in the morning, the informant went to the house of Pawan Kejriwal where the Rohit Kejriwal and Radheshyam Goswami and other business men were also present to whom also the said recharge coupons were not supplied. On enquiry, Pawan Kejriwal told that he would make supply of recharge coupons by 11.04.2005 otherwise, he would return the amounts. On this, Dinesh Gupta of Durgapur and Punit Choudhary of Jharia also told that huge amounts had been taken by the accused persons for supply of recharge coupons but neither the same was supplied to them nor the money was refunded for the last twenty days.

7. It is further alleged in the F.I.R. that on 09.04.2005, when the informant and other persons went to Radheshyam Goswami for taking back the amounts given to him, he asked him to forget about the money otherwise he would lodge false case against them. 8. From the aforesaid allegations made by the informant, it appears that the against the petition