- (1.) This petition has been filed under Section 482 CrPC for quashing FIR No. 99/2013 registered at Police Station, Kanota, Jaipur Rural, Jaipur for the offence under Sections 420 and 406 IPC.
(2.) Brief facts of the case are as under: "The petitioner is a proprietor of a firm namely M/s. Prem Construction Co. In the year 2008, the Jaipur Zila Dugdh Utpadak Sangh Ltd, Jaipur invited tenders for supply of milk and milk products for a limited period on rural routes. The petitioner also submitted tenders. Subsequently his firm was allotted the work of supply of milk and milk products. The petitioner was supposed to supply the dairy products in Kundal and Bandikui towns, but he did not supply the milk and milk products in those town and by selling the same at other place, misappropriated the sale proceeds. In this regard, the aforesaid FIR was lodged against the petitioner."
(3.) Learned counsel for the petitioner has contended that as per Section 300 Cr.PC as well as the provisions of Article 20(2) of the Constitution of India, no person can be tried / vexed twice for one and same incident. In the instant case, for the same incident, earlier FIR No. 404/2011 was lodged by the same authority at Police Station, Bajaj Nagar, Jaipur in the year 2011 and now merely changing words, instant FIR No. 99/2013 has been lodged against the petitioner, which is not sustainable in the eye of law. He has further contended that preliminary power of police or Anti Corruption Bureau to investigate a cognizable offence is not unlimited and is subject to well recognized limitations provided under CrPC. Once any FIR has been lodged and even challan has been filed, then in respect of same incident or series of incidents, no fresh FIR can be lodged. Even after filing challan pursuant to first FIR, in case the investigating agency comes into possession of further information or material, he need not to register fresh FIR and the investigating agency is empowered to make further investigation with the leave of the Court, but in the instant case, in respect of the same incident, fresh FIR No. 99/2013 has been registered by Police Station, Kanota, Jaipur Rural, Jaipur, which is causing grave prejudice and miscarriage of justice to the petitioner. He has further contended that the FIR has been lodged by the complainant / respondent no.2 malafidely against the petitioner, in order to lower down the image and reputation of the petitioner as well as to pressurize the petitioner to withdraw the complaints and case lodged by him against the complainant/respondent no.2. He has further contended that no embezzlement / misappropriation of funds / cheating whatsoever, has been committed by the petitioner. No case under Section 406 and 420 IPC is made out against the petitioner. He is innocent and falsely implicated in this case, hence, the impugned FIR deserves to be quashed and set-aside.;