The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. 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, 1973 with the prayer to quash the First Information Report in connection with Dhanbad P.S. Case No.236 of 2020 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code against the petitioner on the ground that the same is the second F.I.R. in respect of which the First Information Report of Dhanbad P.S. Case No.123 of 2019 has been registered.

3. The brief facts of the case is that while the petitioner was posted as Assistant-cum-Store Keeper of Dhanbad Municipal Corporation, Dhanbad, entries were made in the Stock Register without the signature of any person against the entries and the petitioner being the part of larger conspiracy, did the same to facilitate payment of bills relating to the articles which were not supplied by way of cheating and there is also allegations against the petitioner of committing forgery and using forged documents as genuine and cheating and thereby inducing Dhanbad Municipal Corporation, Dhanbad to pay huge amount of money for the articles which were not supplied; by deceiving Dhanbad Municipal Corporation. On the basis of the written report submitted by the Deputy Commissioner, Dhanbad Municipal Corporation, Dhanbad which was renamed as Deputy Administrator, Dhanbad Municipal Corporation, Dhanbad, Police registered Dhanbad P.S. Case No.236 of 2020 and took up the investigation of the case.

4. Learned counsel for the petitioner draws the attention of this Court towards the F.I.R. of Dhanbad P.S. Case No.123 of 2019, the copy of which has been annexed as Annexure-2 and submits that the said case has been registered against the Urban Reforms Specialist engaged by the Dhanbad Municipal Corporation, Dhanbad who was appointed by the Urban Development Authority and the allegation therein is that Manish Kumar, in criminal conspiracy with the co-accused persons, certified forged bills and mislead the senior officers and fraudulently ensured payment to the contractor, by making payment of Rs.2,65,04,668/- and submits that the F.I.R. has been lodged at the direction of the Department for the irregularities in the supply of computer parts and equipment at Dhanbad Municipal Corporation. It is further submitted that for the self-same occurrence as an F.I.R. has already been registered against Manish Kumar, there is no justification for lodging a separate F.I.R. against the petitioner as the F.I.R. is lodged for the offence and not the offender. It is further submitted that the petitioner was on leave from 13.10.2016 to 31.11.2016 when the entries were made in the Stock Register.

5. Learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of State of Rajasthan vs. Surendra Singh Rathore , 2025 SCC OnLine SC 358 paragraph-9 of which reads as under:-

“9. From the above conspectus of judgments, inter alia, the following principles emerge regarding the permissibility of the registration of a second FIR:

9.1 When the second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered.

9.2 When the ambit of the two FIRs is different even though they may arise from the same set of circumstances.

9.3 When investigation and/or other avenues reveal the earlier FIR or set of facts to be part of a larger conspiracy.

9.4 When investigation and/or persons related to the incident bring to the light hitherto unknown facts or circumstances.

9.5 Where the in