The instant writ petition is preferred challenging the entire criminal proceedings arising out of 8istupur P.S. Case No. 251 of 1995, corresponding to G.R. No. 2544 of 1995. The offences alleged are under Sections 379, 420, 406, 471 and 1208 I.P.C. but cognizance was taken by the Chief Judicial Magistrate, Jamshedpur, under Sections 379, 406, 467, 475 and 1208 I.P.C. on 18.5.2009, which is impugned.

2. At the very outset learned counsel appearing on behalf of the petitioners has brought to my notice that a case for transfer of the proceedings under Section 407 Cr.P.C. was moved in Cr. Misc. Case No. 5460 of 1996(R), praying for transfer of G.R. Case No. 974 of 1996 from the Court of Chief Judicial Magistrate, Ranchi to the Court of Chief Judicial Magistrate, Jamshedpur and G.R. No. 2544 of 1995, but the same was dismissed as withdrawn.

3. According to the facts of the case number of 'F' forms were misplaced/stolen from the office of the Commercial Tax Department between the periods commencing from 4th September, 1988 to 30th May, 1989. The forms of 'D' series allegedly stolen from the office of the Assistant Commissioner (18), Jamshedpur found their way into the market under circulation. The usage of the said forms resulted in loss of Revenue and State Exchequer. F.I.R. was registered in the district of Ranchi, Police Station-Kotwali vide Case No. 163 of 1996 (Annexure-4 to the memo of petition). The numbers of 'F' forms mentioned in different series including 'F' forms of 'D' series.

4. The details regarding which proceedings are in progress at Ranchi are enumerated in the chart hereinbelow:-

SI. No. SI. No. of F forms The businessmen Price Remarks

outside the State in

whose favour it has

been issued

1. 89-90/0-1761 M/s Rajadhiraj & 4,73,200/- Not issued

50 Shivani/Dalsda from the office

2. 89-90/0-2505

93 -do- 2,38,000/- -do-

3. 89-90/D-4501 -do- 5,93,236/- Jamshedpur

19 Anchal office

(theft)

4. 89-90/D-4501 -do- 4.18,100/- -do-

21

5. 89-90/D-4500 -do- 2,20,2000/- -do-

96

6. 89-90/D-4501 -do- 5,73,600/- -do-

19

7. 90-91/D-4500 -do- 11,97,000/- -do-

94

8. 90-91/D-4500 -do- 14,89,800/- -do-

95

9. 91-92/D-2121 -do- 9,73,166/- Not issued

99 from the office

10. 91-92/D-1 049 -do- 11,26,246/- -do-

28

11. 91-92/D-1 049 -do- 12,97,122/- -do-

72

12. 91-92/D-1049 -do- 37,57,201/- -do-

27

13. 91-92/D-4500 -do- 5,73,600/- -do-

85

14. 91-92/D-1138 M/s Bishanchand & 6,32,100/- -do-

84 Company Oil &

Vanaspati

15. 93-94/D-4302 M/s Modi Vanaspati 2,87,400/- -do-

14 Manu. Co., Modi

Nagar/Vanaspati

16. 93-94/D-4302 -do- 8,44,200/- -do-

13

17. 93-94/D-4302 -do- 8,50,050/- -do-

5. The occurrence in connection with Kotwali Police Station Case No. 163 of 1996 Ranchi (G.R. No. 974 of 1996) related to the year in between 1989 to 1994, which was registered in respect of offences under Sections 420, 406, 467, 468, 471, 379 and 120B I.P.C. as also under Sections 49(1)(b), 49(2) and 49(3) of the Bihar Finance Act.

6. Subsequently another case was instituted in the district of Jamshedpur being Bistupur Police Station Case No. 251 of 1995, corresponding to G.R. No. 2544 of 1995 for the alleged theft of 'F' forms of 0' series bearing Nos. D-450119, 450121, 450096, 450085, 450094 and 450095 and a first information report was instituted in respect of the said forms on 18.6.1996. The proceedings pursuant to the case instituted at Jamshedpur are under challenge in the present petition. Thus, these six 'F' forms bearing 'D' series are the subject matter of First Information Report.

7. The entire controversy in the instant writ petition relates to the question that one proceeding was initiated at Ranchi, which is continuing and during its continuation another F.I.R. relating to the 'F' forms of 'D' series i.e. same forms allegedly stolen at the relevant time is alleged in the subsequent proceedings. The allegation is that investigation continued and after a considerable lapse of time forms were detected in the m