A second FIR is permissible if it discloses broader allegations or new facts, not merely repetitive claims, emphasizing the need for justice and fair investigation.

JUDGMENT :

Chittaranjan Dash, J.

1. Heard learned counsels for both the parties.

2. By means of these applications, the Petitioners have assailed the order dated 27.06.2017, whereby the learned J.M.F.C., Jajpur Road took cognizance of the offences in connection with the charge-sheet submitted pursuant to Kalinga Nagar P.S. Case No.29 of 2017. The Petitioners in both the applications are the accused persons in I.C.C. Case No.36 of 2017 pending before the learned J.M.F.C., Jajpur Road.

3. Since both CRLMC No.114 of 2022 and CRLMC No.501 of 2022 arise out of the same proceeding and involve common questions of fact and law, they were heard analogously and are being disposed of together by this common order.

4. The background facts, in brief, are that the Petitioners along with others were allegedly running a company in the name and style of M/s. Master Capital Services Limited, engaged in share market and trading activities, alluring members of the public to invest money with them by assuring monthly returns of 4% to 5%. In the process, huge amounts were collected from the investors, but neither the capital amount nor the promised interest was repaid. Verification by the investors revealed that M/s. Master Capital Services Limited was neither registered under the SEBI Act, 1992 nor authorized to raise funds from the public through issuance of securities or any other scheme. Since the Petitioners, being at the helm of affairs of the said company, allegedly misappropriated the investors’ money and failed to refund despite repeated demands, a written complaint was lodged before Kalinga Nagar P.S. Based on the said complaint, FIR No.79(2) of 2016 was registered under Sections 420 /406/506/34 of IPC. Upon completion of investigation, charge-sheet was submitted only against one Sarita Kumar Muduli, keeping investigation open under Section 173(8) Cr.P.C.

5. While the matter so stood, another investor, namely Basanta Kumar Behera, filed a complaint before the learned J.M.F.C., Jajpur Road, alleging that the Petitioners along with others, being officials of M/s. Master Capital Services Limited, had opened offices at Duburi Chowk and Bangla Chowk, Kalinga Nagar, collected money from him and several others on the assurance of monthly returns of 2% to 3%, and even issued post-dated cheques to gain their confidence, but ultimately cheated the investors of more than Rs.8 Crores. The said complaint was registered as I.C.C. Case No.36 of 2017. The learned J.M.F.C., Jajpur Road referred the matter under Section 156(3) Cr.P.C. to the IIC, Kalinga Nagar P.S. for registration of FIR and investigation, pursuant to which Kalinga Nagar P.S. Case No.29 of 2017 was registered. On completion of investigation, Final Form was submitted against the Petitioners and others, holding them prima facie guilty of offences under Sections 420 /468/406/120-B of IPC. Consequent thereto, G.R. Case No.228 of 2017 was registered, and cognizance of the offences was taken by order dated 27.06.2017. As the Petitioners failed to appear despite process, NBW was issued against them by order dated 24.09.2021.

6. Mr. Milan Kanungo, learned Senior Advocate, appearing for the Petitioners, assailed the impugned order on the ground that while an earlier FIR, i.e., Kalinga Nagar P.S. Case No.79 of 2016, on the self- same allegations was pending investigation, the subsequent complaint lodged by Basanta Kumar Behera and registration of FIR No.29 of 2017 on identical allegations is legally unsustainable. He sub