Nisha Gupta, J. - (1.) Both these petitions under section 482 have been filed against the order passed by Special Judge, Printing & Stationary Misappropriation Cases and CBI Cases, Jaipur in Special Case No. 28/2008 in which the counsel has declined the application of the present petitioners filed on the ground that there cannot be two trials for the same facts.
(2.) Since in both these cases common facts are involved and both these matters arise out of same special case, both these petitions are decided by this common order.
(3.) The contention of the present petitioners is that complainant Mohan Lal filed a complaint for the offence under Section 420, 467, 468, 471 and 120-B IPC before the Additional Chief Judicial Magistrate, Fatehpur, Distt. Slkar, on which FIR No. 72/2003 has been registered and after chequered history of the Investigation, charge-sheet was submitted before the concerned court. On the same facts, allegations and for the same Incident, Senior Divisional Manager, LIC of India has also lodged FIR before the Central Bureau of Investigation, Jaipur upon which FIR No. RC JAI 2004 A 0027 (27-A/04) has been registered and after Investigation a charge-sheet has been filed against the present petitioners and others for the offences under Sections 120-B, 409, 471, 477 IPC read with Section 13 (2) and 13(2)(c) and (d) of the Prevention of Corruption Act (hereinafter referred to as the Act). The contention of the present petitioners is that on the same allegations and facts two prosecutions could not be continued, application has been moved before the court below but learned Special Judge has shown his disability to order for quashing of the proceedings looking to the provisions of Section 186 Cr.PC.;