Order

1. The instant misc. petition is listed before this Court in pursuance of the directions issued by the Hon’ble Apex Court in the case of Vijay Kumar and Ors. Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No. 773/2026, decided on 15.01.2026), wherein the Hon’ble Apex Court observed that in various matters, interim orders have been passed in criminal revision petitions and petitions filed under Section 482 Cr.P.C., as a result of which trial relating to serious offences such as murder, rape, dacoity, dowry death, etc., could not proceed and remained stalled/held up due to the passage of considerable time.

2. Directions have been issued to this Court and other High Courts to take up such like matters which are pending since long, on priority and decide the same expeditiously without deferring the hearings to subsequent dates.

3. By way of filing the instant misc. petition, a prayer has been made to quash the impugned FIR No. 261/2011 registered at the Police Station Adarsh Nagar, District Jaipur City (East) for the offence punishable under Section 409 IPC.

4. Learned counsel for the petitioner submits that the petitioner lodged an FIR No. 230/2010 on 25.08.2010 with the Police Station Adarsh Nagar, District Jaipur City (East) for the offence punishable under Section 409 IPC against the accused Narayan Singh. Thereafter, when the matter was investigated by the Investigating Agency, the role of the aforesaid accused person was found to be proved and he was charge-sheeted for the offence under Section 409 IPC. Thereafter, he faced trial for the above stated offence before the Court of the Additional Chief Metropolitan Magistrate No. 8, Jaipur Metropolitan and finally, he was found guilty and was convicted under Section 409 IPC and sentenced to undergo five years simple imprisonment along with a fine of Rs. 10,000/- vide order dated 11.09.2012. Counsel submits that subsequently, a further audit was conducted and certain discrepancies were found and objections were raised by the audit team and on the basis of the aforesaid, the impugned FIR No. 261/2011 has been registered against the petitioner on 08.12.2011 with the Police Station Adarsh Nagar, District Jaipur City (East) for the offence punishable under Section 409 IPC. Counsel submits that registration of the aforesaid impugned FIR amounts to registration of a second FIR with regard to the same incident for which petitioner has already lodged the FIR No. 230/2010 and the accused-Narayan Singh has been convicted in connection with the same. Counsel submits that if the department was of the view that a similar offence had been committed by the petitioner, then under such eventuality, this information could have been sent to the concerned Police Station for conducting further investigation under Section 173(8) Cr.P.C. in connection with the earlier FIR No.230/2010 instead of lodging the second FIR No.261/2011, which is not permissible in the eyes of law. Counsel submits that the provisions contained under Section 173(8) Cr.P.C. deals with such like situations where the police has been granted power to further investigate any matter after seeking permission from the concerned Court. However, in the instant case, the aforesaid procedure was not followed and straightaway the second impugned FIR has been lodged against the petitioner. Counsel submits that under such circumstances, institution of the aforesaid subsequent proceedings amounts to abuse of the process of law.

5. In support of his contentions, counsel for the petitioner has placed reliance upon the judgment passed by the Hon’ble Apex Court in the cases of Anju Chaudhary Vs. State of Uttar Pradesh and Anr. reported in (2013) 6 SCC 384; Amitbhai Anilchandra Shah Vs. Central Bureau of Investigation and Anr. reported in (2013)6 SCC 348; and T.T.Antony Vs. State of Kerala and Ors., reported in (2001) 6 SCC 181

6. Counsel submits that in view of the submissions made herein above, th