ORDER

Date : 16-07-2018 This appeal was heard on 20.06.2018 and today is fixed for delivery of order.

We have heard Mr. KN Choudhury, learned Senior Counsel for the appellant and Mr. D Mazumdar, learned Addl. Advocate General, Assam for the respondents.

This appeal is directed against the judgment and order dated 15.12.2017, passed by the learned Single Judge, dismissing the writ petition filed by the appellant as the writ petitioner for quashing of the second FIR.

FIR in question is being challenged and sought to be quashed primarily on the ground that it is a second FIR of the same incident or the same transaction; there is an element of sameness and, therefore, the said FIR would not be maintainable.

Appellant is facing prosecution in two cases, one relating to FIR dated 13.05.2010 and the other relating to FIR dated 25.05.2012. It is the legitimacy of the FIR dated 25.05.2012, which is being questioned by the appellant as the second FIR on the same set of facts.

Appellant had contended that following the first FIR dated 13.05.2010, charge sheet was submitted whereafter, subsequent FIR dated 25.05.2012 was filed, subject matter of which directly related to the subject matter of the fi