Jharkhand High Court
Suraj Kumar Varnwal vs The State Of Jharkhand on 7 September, 2022
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1188 of 2020
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Suraj Kumar Varnwal, aged about 32 years, son of Rajendra Varnwal,
resident of Kuju Main Road, Kuju, Keribanda, P.O. Heshagarha, P.S. and
District Ramgarh ..... Petitioner
-- Versus --
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. D.K. Chakravarty, Advocate
For the State :- Mr.Ravi Prakash, Spl.P.P
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18/07.09.2022 This petition has been filed for quashing the entire criminal
proceeding in connection with Mandu P.S.Case No.263 of 2016,
corresponding to G.R. Case No.967 of 2016 pending in the court of
learned Additional Chief Judicial Magistrate, at Ramgarh.
Mr. D.K. Chakraverty, the learned counsel appearing for the
petitioner submits that for the same transaction three F.I.Rs have been
registered. He submits that in all the three cases, the plot no.2677, Khata
no.126 containing area 1.92 acres are the subject matter. He further
submits that Ramgarh P.S.Case No.335 of 2016, G.R. No.1134 of 2016
has been transferred to A.C.B being Hazaribagh (Sadar) P.S. in
connection with A.C.B. Case No.13/2018 which has been registered and
is being investigated by the A.C.B.. He further submits that there is no
occasion that when for the same transaction the A.C.B has already
investigated the matter, why this case shall be investigated by the police.
He further submits that moreover the case is of the year 2016 and till
date the charge sheet has not been submitted in the present case.
On the other hand, Mr. Ravi Prakash, the learned State
counsel submits that all the cases are being investigated separately and
there is no illegality in doing so. He submits that the petitioner is not
cooperating in the investigation.
The Court has perused the contents of the Mandu P.S.Case
no.263 of 2016 as well as contents of Ramgarh P.S. Case No.335 of 2016
and the Ramgarh P.S.Case No.335 of 2016 is the subject matter of A.C.B.
Case No.13/2018. On perusal of these two FIRs, it transpires that both
the cases are registered for misappropriation a sum of Rs.3(three) crores
and plot number khata number and area of both the FIRs are same.
A.C.B. Case No.13/2018 is being investigated by the Anti Corruption
Bureau (ACB) and where the allegation of both the FIRs are same, there
is no occasion why separate investigation be done by the police. In view
of the judgment in the case of Nasib Singh v. State of Punjab and Anr.,
reported in (2022) 2 SCC 89, it has been held that if the contents of both
the FIRs is of same transaction and if both the FIRs not scanned
together, it will lead to failure of justice. Moreover, for one offence twice
punishment may not be imposed upon any person in view of Article 20 of
the Constitution of India.
In view of these facts and considering that the same matter
is being investigated by the A.C.B., the A.C.B. is directed to take over the
investigation of Mandu P.S.Case No.263 of 2016, G.R. No.967 of 2016
and investigate the same along with Hazaribagh (Sadar) P.S. in
connection with A.C.B. Case No.13/2018.
Cr.M.P. No.1188 of 2020 stands disposed of.
Interim order, if any, stands vacated.
( Sanjay Kumar Dwivedi, J.)
SI/
