ORDER

1. Though this matter is listed today for orders on admission, however, with the consent of learned counsel for the parties it is heard finally.

2. Petitioner-Rajendra Kumar Batham, a Retired Judicial Officer, has filed this petition under section 482 of the Code of Criminal Procedure (for brevity “Cr.P.C.”) for quashing of F.I.R. No.89/2021 dated 29.12.2021 registered at Police Station, Economic Offences Wing, Bhopal for offences under sections 420, 467, 468, 471, 406, 409 & 120-B of the Indian Penal Code (hereinafter referred to as the “IPC”) and sections 7, 13(1)(a) & 13(2) of the Prevention of Corruption Act,1988.

3. As per prosecution case, the petitioner was a member of Madhya Pradesh Judiciary and was posted in different Districts. Between period 1.4.2012 to 30.3.2013, he was posted in Dewas on deputation in the Labour Court and thereafter he was relieved from the post and was posted at CJM Rajgarh Biaora. He stood retired from the service on 24.4.2014.

4. In the year 2017, the petitioner was informed by the Labour Court Dewas in 2014-15 that by playing fraud a bank account was opened, in which, Government money has been misappropriated. On this information the petitioner informed the Bank, Treasury and Police by letters Annxures P/2 to P/4 respectively. On 8.7.2017 the petitioner by Annexure–P/04 informed the Police Station Dewas that in his name on the basis forged document an account has been opened, thereby causing loss to public exchequer, and further revealed that unknown person on the basis of photocopy of the documents of the complainant and photocopy of Identity Card Account opened on 22.4.2015, withdrew Government money.

5. On the basis of report police lodged an FIR No. 435/2017 against Narshing Baghel and Rajendra Bahadur Tamrakar for offences under sections 409, 419, 420, 468, 467, 471 and 120-B of IPC and after investigation filed charge-sheet, in which, trial is underway. It is alleged that after four years of lodging Annexure P/4 the economic Offence (EOW) Bhopal without any basis lodged FIR against the petitioner. Besides this, the Labour Court Dewas has also sent an intimation to the petitioner to deposit Rs. 1,91,62,942/- which are alleged to be embezzled during petitioner’s tenure, in that matter petitioner has filed a separate Writ Petition No. 7317/2022, which is now pending in the High Court at Jabalpur ( as per CMIS report).

6. The second FIR has been lodged without any basis. It is also submitted that successor of the petitioner in Dewas Labour Court Shri Sachin Vijaywargiya by letter dated 20.09.2014, Letter No. 686 had requested the DDO login password in the name of Rajendra Bahadur Tamrakar for which the petitioner is not responsible. The petitioner was informed of the embezzlement on 7.7.2017 by the then Labour Judge, Dewas Shri Atmaram Ji Kheria that unknown person by opening an account in the Bank of India, Industrial Branch, Dewas, in the petitioner’s name and has made transaction between 22.4.2015 to 30.6.2017 and on the said information the petitioner has lodged a complaint (Annexure P/4). The charge-sheet on the basis of Annexure-P/4 is Annexure-P/6. It is submitted that after his retirement the petitioner never visited Dewas, therefore, there is no question of his opening bank account in Dewas. On the basis of report lodged by the petitioner, Sessions Trial No.374/2018 [State Vs.Rajendra Bahadur Tamrakar] is pending in the Court, in which, the petitioner has made deposition on 6.1.2023 as is evident from Annexure-P/7.

7. Regarding withdrawal/embezzlement of government money Ms.Veena Jain, Joint Director (Treasury & Accounts), Indore and Shri J.K.Sharma, Additional Director, (Treasury & Accounts), Bhopal have given separate enquiry reports, wherein the petitioner was not found responsible. It is submitted that when on the same set of facts earlier case has already been registered, then on the same basis second F.I.R. cannot be lodged. The Economic Offence Wing, Bhopal has failed to inve