IMPORTANT POINT
A second FIR cannot be registered for the same occurrence if an investigation is already ongoing for the first FIR, as it constitutes an abuse of process of law.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the F.I.R. and the entire criminal proceedings arising out of Bank More P.S. Case No.106 of 2021 and to set aside the order dated 01.11.2022 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Bank More P.S. Case No.106 of 2021 corresponding to G.R. No.2777 of 2022 by which the learned Chief Judicial Magistrate has taken cognizance for the offence punishable under Section 406, 419, 420, 467, 468, 471, 34 of the Indian Penal Code on the ground that this F.I.R. is the second F.I.R. and for the self-same occurrence, prior to registration of Bank More P.S. Case No.106 of 2021, Bank More P.S. Case No.338 of 2019 was registered and the investigation of that case is going on at present.

3. The brief facts of the case is that Bank More P.S. Case No.106 of 2021 has been registered on the basis of the written report submitted by the informant- Mahesh Pradhan alleging therein that though the petitioner No.1 resigned from the post of Director of the company in the name and style of Pre-Stressed Udyog (India) Private Limited, on 06.03.2017 and thus was not authorized thereafter to do the transaction on behalf of the company, he impersonated himself as the Director of the company and withdrew Rs.13,75,000/- on 13.03.2017 through a cheque from New Delhi Branch of Indian Overseas Bank of the company and thereby committed the offence of cheating and criminal breach of trust.

4. The allegation against the petitioner No.2 is that though the petitioner No.2 resigned from the post of Director of the said company on 02.05.2017 yet he by impersonating himself as the Director of the company and showing incorrect address of the company, got registered a power of attorney being power of attorney No. IV/537 in the Registry Office, Dhanbad and on the basis of the said power of attorney, he got executed several sale-deeds to sell various properties registered in the name of the said company; including the sale-deed No.2176 dated 20.05.2020 registered at Dhanbad.

5. Learned counsel for the petitioners submits that the allegations made in the F.I.R. of Bank More P.S. Case No.106 of 2021 arises out of the same set of transactions i.e. the sell-purchase agreement of 2017 which was the genesis of the earlier F.I.R. of Bank More P.S. Case No.338 of 2019 lodged by the informant against the petitioners. It is next submitted that the allegations made in Bank More P.S. Case No.338 of 2019 is that the petitioners entered into a sell-purchase agreement and sold the said company namely of Pre-Stressed Udyog (India) Private Limited to the informant and his brother and it was alleged that the petitioners by suppressing the material facts by way of cheating, though have taken the entire money for selling the company and are blackmailing the informant.

6. Learned counsel for the petitioners draws the attention of this Court to the case-diary of Bank More P.S. Case No.338 of 2019 and submits that during the investigation of the said case, it has come in paragraph-2 of the case-diary which is the re-statement of the informant of that case that in his said re-statement recorded on 04.12.2019, the informant himself stated in the Investigating Officer of the case, that the petitioner No.2 after resigning from the post of Director of the company, by citing himself to be the Director of the company in the Registry Office and by claiming himself to be the Director, has sold several plots and also executed a power of attorney being Power of Attorney No.IV/537 illegally. It is next submitted that during the course of investigation of the said Bank More P.S. Case No.338 of 2019 before institution of Bank More P.S. Case No.106 of 2021, on 05.07.2020 the Investigating Officer was directed in the supervision remarks at serial No.