IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 33075 of 2008(K) -------------------------- CC.314/2007 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CC.192/2007 of J.M.F.C.,VADAKKANCHERRY .................... PETITIONER(S): --------------- P.P.JOHNSON, 45, S/O.LATE P.P.PAPPACHAN R/AT.PONOLIL HOUSE, THANIPUZHA, OKKAL PO KALADY ERNAKULAM. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S): --------------- 1. CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIMES BRANCH, CHENNAI REP. BY ITS SUPERINTENDENT OF POLICE. 2. STATE OF KERALA, REP. BY ITS DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 33075 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. J U D G M E N T This writ petition is filed with a prayer to declare that Exts.P26 and P27 are double jeopardy to petitioner or in the alternative to pass an order to transfer Calendar Case No.192/97 on the file of the Judicial First Class Magistrate, Wadakkanchery to Chief Judicial Magistrate Court, Ernakulam to be tried along with Calendar case 314/07. The brief facts necessary are that the petitioner herein had taken on lease three mills two situated at Ernakulam District and one situated at Thrissur District. The Kerala Civil Supplies Corporation had engaged, through agreements, to have the paddy converted into rice for the purpose of distribution under the AWD and ARD. During the physical verification conducted in one of the mills namely Poonolil Rice Company Ltd. on 14.12.05 the officials of the Kerala Civil Supplies Corporation Ltd. found deficiency of stock of 19250.36 W.P.C 33075 OF 2008 -:2:- Quintal's valued at Rs.1,35,58393/-. It was stated that the said paddy has been misappropriated and a case had been registered. Ultimately the CBI has been vested with the investigation and now the matter is pending before the Chief Judicial Magistrate Court, Ernakulam for offences u/s 120(B) r/w 420 IPC. It is a Calendar case No.314/07. In another mill which has also been taken on contract by the very same contractor Cheruthurthy Police registered a case 649/05 and there also it was found that there had been misappropriation. So it is true that the petitioner had taken three mills on lease and in two mills the misappropriation had been found out and therefore two cases are initiated for the offence of misappropriation. It is to be remembered that he had been given the permission to convert the paddy into rice and supply for the purpose of wholesale and retail dealers in Kerala. The two offences alleged to have been committed by him though of the same nature are distinct and separate and the cause of action had taken place in two places at two different intervals. One case is investigated by the CBI and W.P.C 33075 OF 2008 -:3:- the other by the local police and action is initiated. It is only for the two different offences that is committed though of the same nature the petitioner is proceeded with there cannot be any double jeopardy. In order to attract double jeopardy a person must be prosecuted twice for the same offence. Here it is not so. Therefore the plea of double jeopardy does not arise. So far as the next prayer that is regarding the transfer of the case I feel it is also not necessary for the reason that the misappropriation is alleged on two different occasions in two different mills etc. and are distinct and separate and it will have independent materials and evidence to be adduced and analysed. Therefore it need not be tried jointly as well. Therefore I do not find any merit in this writ petition and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-