The main legal point established in the judgment is that for similar transactions, a second FIR is unwarranted, and the court has the authority to direct the transfer of cases to the CBI for re-investigation based on a request by the Government of India.

JUDGMENT :

1. In all these writ petitions, common question of fact and laws are involved and that is why, all these writ petitions have been heard together with consent of the parties.

2. Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners in W.P. (Cr.) Nos. 240 of 2005 and 91 of 2021, Mr. Shankar Lal Agrawal, learned counsel for respondent no.11 in W.P. (Cr.) No.240 of 2005 and learned counsel for the petitioner in W.P. (Cr.) No.186 of 2021, Mr. Manoj Kumar and Mr. Faisal Allam, learned counsel for the State and Mr. Nitish Parth Sarthi, learned A.C. to A.S.G.I., appearing for the CBI.

3. In W.P. (Cr.) No.240 of 2005, the prayer is made for transferring the case to the CBI in connection with Bistupur P.S. Case No. 154/2003 in light of D.O. letter dated 05.02.2004 of Director, Ministry of Tribal Affairs, Government of India.

4. Prakash Chandra Nandi in the capacity of founder trustee of Swami Vivekananda Seva Trust (hereinafter to be referred to as “SVST”), Jamshedpur made a written report dated 05.08.2003 to the Officer-in-Charge, Bistupur Police Station, Jamshedpur informing him about the criminal acts of Saroj Kumar Das who misused his former identity of being erstwhile Secretary of SVST opened another Trust with a deceptively similar name being Swami Vivekananda Trust and in the garb of the aforesaid trust, fraudulently and dishonestly received and criminally misappropriated a huge sum amounting to Rs.42,17,819/-released by the Ministry of Tribal Affairs, Government of India, New Delhi in favour of the SVST. For this purpose, illegal banking transactions were also carried out. On discovery whereof, Prakash Chandra Nandi made the aforesaid report dated 06.08.2003 to the Officer-in-Charge of Bistupur Police Station. Hence, Bistupur P.S. Case No.154/2003 was registered under Sections 419/420/406 of the Indian Penal Code.

5. In W.P. (Cr.) No.91 of 2021, the prayer is made for quashing the second FIR being Bistupur P.S. Case No.60/2021, dated 24.02.2021 registered under Sections 406, 409, 420, 34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Jamshedpur.

6. In W.P. (Cr.) No.186 of 2021 also, the prayer is made for quashing the FIR being Bistupur P.S. Case No.60/2021, dated 24.02.2021 registered under Sections 406, 409, 420, 34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Jamshedpur.

7. Bistupur P.S. Case No.60/2021 was registered on the basis of a typewritten report dated 24.02.2021 of Shri Rajesh Kumar Pandey, District Welfare Officer, East Singhbhum, Jamshedpur alleging therein that there was misappropriation of Rs.19,44,780/-and Rs.22,73,039/-(total Rs.42,17,819/-) granted by the Ministry of Tribal Affairs, Government of India in the financial year 2003, released on 31.01.2003 and 31.03.2003 as grant for running of primitive tribe girls' hostel, which was received by a person named Saroj Das. The money was received in favour of SVST, when the President of the Trust was one Ranjit Choudhary and Secretary was one Nakul Chandra Pramanik. It was further alleged that on 18.08.2020, a utilization certificate has been demanded from the organization, who replied on 19.08.2020 that they never received by its former Secretary-Saroj Das who misappropriated it. It has been stated by the informant that it seems that SVST, its former Secretary-Saroj Das, the then President Ranjit Choudhary, the then Secretary-Nakul Chandra Pramanik, the present President, the present Secretary-Kamal Kanti Das, the then Trustee Kamal Das, the then Trustee Prakash Chandra Nandi, the then Accountant Ashim Bose and all the trustees belonging to the period starting from 2002-03 till date have together misappropriated the said amount of the Government of India by obtaining it fraudulently.

8. Mr. Pandey Neeraj Rai, learned counsel for the petitioners in W.P.(Cr.) Nos.240 of 2005 and 91 of 2021 submits that Dr. Ranjit Choudhury was the Trustee and President of SVST and Prak