JUDGMENT :-

Dipak Misra, J.

Leave granted.

2. The present appeal, by special leave, is directed against the order dated 12.10.2012 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 15077 of 2012 wherein the High Court has declined to quash the FIR No. 442 of 2012 registered at P.S. Civil Lines, Meerut, that has given rise to Crime No. 491 of 2012 for offences punishable under Sections 406, 420, 467, 468, 471, 504 and 506 of the Indian Penal Code (for short “the IPC”).

3. At the very outset, it is requisite to be stated that the appellants had invoked the jurisdiction under Article 226 of the Constitution for quashment of the FIR on two counts, namely, first, that no prima facie case existed for putting the criminal law into motion and, second, when on the similar and identical cause of action and allegations, FIR No. 425 of 2012 corresponding to Crime No. 475 of 2012 had already been registered, a second FIR could not have been lodged and entertained. The High Court, by the impugned order, has opined that it cannot be held that no prima facie case is disclosed and, thereafter, proceeded to issue certain directions in relation to surrender before the concerned court and grant of interim bail in view of the decision rendered by the Full Bench of the Allahabad High Court in Amrawati and another v. State of UP [2005 Cri. L.J. 755] and Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others [(2009) 4 SCC 437].

4. We are not adverting to the second part of the order as the controversy in this regard has not emerged before this Court in the present case. The assail to the validity of registration of second FIR has not been dealt with by the High Court. Mr. Nagendra Rai, learned senior counsel appearing for the appellants, did not advance any contention and, rightly so, with regard to the existence of a prima facie case for registration of the FIR, but emphatically put forth the proponements pertaining to the validity of entertaining the second FIR despite the lodgment of an earlier FIR in respect of the same cause of action and the same incident. Therefore, we shall restrict our delineation to the said sentinel issue exclusively.

5. From the factual background which has been exposited in this appeal and the documents annexed thereto, it is limpid that FIR No. 274 of 2012 was lodged by the appellant No. 1, Surender Kaushik, as the Secretary of Sanjeev Memorial Education Society on 29.5.2012 against Dr. Subhash Gupta, Dr. Harshu Gupta and Yunus Pahalwan, members of the society, alleging that in collusion with one Surya Prakash Jalan, they had prepared fake and fraudulent documents. It was further alleged that their signatures had been forged indicating their participation in various general/executive meetings of the society, though they had not attended the said meetings. On the basis of the said FIR, a crime under Sections 420, 467, 468 and 471 of the IPC was registered.

6. One Dr. Subhash Gupta filed an application before the Additional Chief Judicial Magistrate, Meerut, under Section 156(3) of the Code of Criminal Procedure (for brevity “the Code”) alleging, inter alia, that he was never a member of the Sanjeev Memorial Education Society, Ghaziabad and further he was neither present in the meetings of the society which were held on 1.10.2008 and 16.4.2009 nor was he a signatory to the resolutions passed in the said meetings. It was further asseverated in the application that the accused persons, namely, P.C. Gupta, Seema Gupta, Surender Kaushik, Kamlesh Sharma and Vimal Singh, had fabricated an affidavit on 15.12.2008 with forged signatures and filed before the Deputy Registrar, Society Chit and Fund, Mohanpuri, Meerut. The said petition was entertained and on the basis of the direction of the learned Magistrate, FIR No. 425 of 2012 was lodged on 21.8.2012 for the offences punishable under Sections 406, 420, 467, 468, 471, 504 and 506 of the IPC.

7. As the facts wou