- (1.) HEARD
(2.) THE prayer of the petitioner in this writ application is for quashing of the FIR dated 27.4.2005 registered as Jharia P.S. Case No. 185/2005 corresponding to G.R. No. 1221/05 under Sections 420/120 -B of the Indian Penal Code against the five named accused persons including the petitioner Radheshyam Goswami. Mr. V. Shivnath, learned counsel appearing for the petitioner vehemently argued mainly on two grounds for quashing of the present FIR. Firstly, that even if the allegations made in the FIR is taken to be correct in its face value, no offence whatsoever under Section 420/120 -B of the Indian Penal Code is made out against the petitioner and secondly that the present FIR was hit by Section 162, Cr PC because with regard to the same occurrence, one Nitesh Agarwal had already submitted a complaint to the Officer Incharge, Jharia Police Station which has already been entered in Station Diary Entry and therefore, for the same occurrence, the institution of present FIR was bad in law.
(3.) IN support of his submissions, Mr. V. Shivnath, learned counsel of the petitioner has relied on decisions reported in "2002 (1) SCC 241 : 2002 (1) East Cr C 11 (SC)" (S.W. Palanikar and others V/s. State of Bihar and another) and "AIR 2000 SC 2341 : 2000 (2) East Cr C 634 (SC)" (Hridaya Ranjan Pd. Verma and others V/s. State of Bihar and another). ;