Krishna Kumar Singh @ Krishna Kumar Sinha vs State of Bihar

V.N. Sinha, J.—Heard learned counsel for the petitioner and the State. Petitioner who superannuated while serving as a Deputy Collector in January, 1998 has filed this writ application for quashing the First Information Report and subsequent proceedings taken pursuant to Jainagar P.S. Case No. 109 dated 21.9.2004 registered for the offence u/s 409 of the Penal Code against the petitioner alleging defalcation of Rs. 2,72,000/- as according to the petitioner for the same occurrence/ defalacation he lodged Jainagar P.S. Case No. 155 of 1992 which after investigation is proceeding in trial (Trial No. 171 of 2002) in the court of Sri V.N. Tiwari, Judicial Magistrate, Madhubani. It is submitted on his behalf that the present case Jainagar P.S. Case No. 109 of 2004 is also founded on the same allegation which is the subject matter of the earlier Jainagar P.S. Case in which the petitioner is informant.

In this connection learned counsel for the State has pointed out that necessity to file the subsequent case arose only when the sanction was accorded against the petitioner by the State and reference in this connection was made to the averments made in paragraph 4 of the supplementary counter affidavit duly affirmed by the S.D.P.O., Jainagar.

Learned counsel for the petitioner states that sanction of the State Government is not necessary for lodging any First Information Report and the stand taken by the State authorities in their supplementary counter affidavit that the subsequent case has been lodged after the State Government accorded sanction against him is no ground to continue the second First Information Report for the same occurrence. It is further submitted that if the complicity of the petitioner comes to light during the trial of the earlier case, petitioner can always be summoned by resorting to the powers u/s 319 of the Code of Criminal Procedure.

Having heard counsel for the parties, I am of the view that as the subsequent First Information Report of Jainagar P.S. Case No. 109 dated 21.9.2004 has been registered for the same occurrence which is the subject matter of the earlier defalaction of Rs. 2,72,000/- for which Jainagar P.S. Case No. 155 of 1992 was registered, the subsequent First Information Report bearing Jainagar P.S. Case No. 109 dated 21.9.2004 is quashed, however, with direction to the trial court in Tr. No. 171 of 2002 to summon the petitioner, if his complicity appears during the said trial. This Cr. Writ application is, accordingly, disposed of.