Sandeep Mehta, J. - (1.) These three miscellaneous petitions have been referred by the petitioners herein for assailing the legality and validity of the F.I.R. No. 201/2013 registered by the Anti Corruption Bureau, Outpost Jaisalmer or the offences under Sections 13 (1)(d) and 13(2) of the Prevention of Corruption Act and Section 120-B I.P.C.
(2.) The F.I.R. has been challenged principally on the ground that the same is nothing but a second F.I.R. on the same facts. The F.I.R. under challenge was lodged by the respondent No. 2 Bahadur Khan son of Aamad Khan, resident of Gafoor Bhatta, Jaisalmer. In order to seek quashing of the F.I.R., the petitioners have placed on record, copy of another F.I.R. No. 351/2011 registered at the Police Station Jaisalmer for the offences under Sections 420, 467, 468, 471, 120B, 34, 217 and 218 I.P.C. at the instance of the respondent No. 2 Bahadur than himself.
(3.) Sarva Shri Manish Shishodia, Vikas Balia and Mahesh Thanvi, learned Counsel representing the respective accused-petitioners, relied upon the following judgments in support of their contentions and urged that as the allegations levelled in the impugned F.I.R. and those levelled in the F.I.R. No. 351/2011 are exactly identical, it virtually amounts to registration of a second F.I.R. on the same facts and such an action is impressible in law as held by the Hon'ble Supreme Court:- (i) T.T. Antony v. State of Kerala & Ors., (2001) 6 SCC 181 ; (ii) Mohan Baitha & Ors. v. State of Bihar & Anr., (2001) 4 SCC 350 ; (iii) Upkar Singh v. Ved Prakash & Ors., (2004) 13 SCC 292 ; (iv) Nirmal Singh Kahlon v. State of Punjab & Ors., (2009) 1 SCC 441 ; (v) Babubhai v. State of Gujarat & Ors. . (2010) 12 SCC 254 ; (vi) Anju Chaudhary v. State of U.P. & Anr., (2013) 6 SCC 384 ; (vii) Surender Kaushik & Ors. v. State of Uttar Pradesh & Ors., (2013) 5 SCC 148 ; (viii) Shiv Shankar Singh v. State of Bihar & Anr., (2012) 1 SCC 130 ; (ix) Amitbhai Anilchandra Shah v. CBI & Anr., (2013) 6 SCC 348 ; (x) Awadesh Kumar Jha & Ors. v. The State of Bihar, (2016) 3 SCC 8. ;