A second FIR for the same incident is impermissible under Section 482 of the Code of Criminal Procedure, as it violates principles of justice and leads to abuse of process.

CAV JUDGMENT

1. By way of preferring present application under section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused, seek to invoke the inherent powers of this Court, inter alia, praying for the following reliefs:

"(A) This Hon'ble Court may be pleased to admit and allow this petition;

(B) This Hon'ble Court may be pleased to quash and set aside the FIR C.R. No.I-166/2016 registered at Chhotaudepur Police Station, District Chhotaudepur, on 26.12.2016, for the offence U/Ss. 467, 468, 471, 472, 120-B and 379 of IPC against the present petitioners;

(C) Pending admission, final hearing and disposal of the present petition, stay the further proceedings of FIR C.R. No.I-166/2016 registered at Chhotaudepur Police Station, District Chhotaudepur, on 26.12.2016, for the offence U/Ss. 467, 468, 471, 472, 120-B and 379 of IPC against the present petitioners; and (D) Your Lordships may be pleased to grant any other and further relief/s, as may be deemed just and proper in the interest of justice."

2. The brief facts of the case can be summarized as under:

2.1. That during the period between 04.12.2016 to 06.12.2016, the members of the Flying Squad, Gandhinagar made an inspection and carried out intensive search at the premises of Citizen Sand Suppliers and Citizen Ready Mix Mineral situated in Survey No.61 Paiki 2/1 and 66 at village Bhojpur, Taluka Bodeli, District Chhotaudepur and village Vasedi, Taluka & District Chhotaudepur. It is found out during the scrutiny that the stock registration for Citizen Sand Suppliers was granted by order dated 08.07.2005 and land was taken on rent by Mr. Siddikbhai from one Mr. Vinodbhai Patel. During the course of inspection, 500 bags of simple sand were found and at that time the land owner and his son were also present and they informed that the said land was given on lease to Siddikbhai for the period of five years from 21.04.2015 to 20.04.2020 and period of lease is to be renewed after 11 months. However, the said lease is not renewed and therefore land owner has executed another lease deed on 21.11.2016 with Rathod Dharmendrasinh Dashrathsinh and Rajput Alok Ranjansinh.

2.2. It is found out that the proprietor of Citizen Sand Suppliers has issued two delivery challans of Silica sand and checking was carried out to seize the vehicles and on 05.12.2016, two vehicles i.e. two containers bearing registration Nos. MH-46-AR-2381 and MH-46-AR-3902, were seized from Surat Check Post and two delivery challans of silica sand and simple sand were also found from the said containers and in both the containers simple sand was found. Therefore, the vehicles were seized and statements of both the drivers were recorded and at that relevant point of time, it has come to the notice of the police officer that those delivery challans were given to the drivers by one Anisbhai and Hathila Siddik Abdul Latif from Citizen Ready Mix Mineral. As per the say of the drivers, they were directed to show the delivery challan of Citizen Ready Mix Mineral if anybody stopped the vehicle on road and if the vehicle is not stopped then they have to produce the delivery challan of Citizen Sand Suppliers at Bhilad Check Post situated at Gujarat - Maharashtra Border. The said sand was to be delivered to Om Sai Enterprise at New Mumbai. Thereafter, both the drivers were taken to the plant of Citizen Ready Mix Mineral on 06.12.2016 where the inspection was carried out and at that time the owner of the plant Hathila Siddik and Anisbhai were present and they confessed their crime. Their statements were also recorded. It is found out that Anisbhai informed that he is working as computer operator since one month and as per his job assignment he has to issue delivery challan and accordingly he used to prepare e-delivery challan. He further stated that they used to issue genuine delivery challan at first instance and thereafter prepared another e-delivery challan by filling up different details. The owner Siddikbhai also