IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.183 of 2009 DHARMENDRA KUMAR Versus STATE OF BIHAR & ORS ----------- 5 28.6.2010 The petitioner prays for quashing the F.I.R. of Ariari P.S.Case No.15 of 2009 dated 27.1.2009 registered under sections 420, 409 of the Penal Code. The petitioner submits that he had earlier filed Ariari P.S. Case No.157 of 2008, dated 9.12.2008 against Narendra Kumar son of Bhagwania Devi and others. Learned counsel for the petitioner submits that aforesaid Bhagwania Devi in order to wreak vengeance had filed the instant case. The institution of the second F.I.R. on similar charges is impermissible. In support of his contention, he has relied upon a decision in the case of T.T. Antony vs. State of Kerala & Ors, reported in (2001) 6 S.C.C. 181; State of Haryana & Ors Vs Ch.Bhajan Lal & Ors, reported in A.I.R. 1992 SC 604 and State of West Bengal & Ors Vs Swapan Kumar Guha & Ors, reported in A.I.R. 1982 sc 949. Counsel for the State submits that earlier a case has been lodged by Bhagwania Devi in respect of assault as well as non payment of money to the labourers. On the other hand, Ariari P.S. Case No.15 of 2009 registered under sections 420 and 409 of the Penal Code, has been instituted on the basis of written report of the D.D.C., Sheikhpura. 2 KHAN Having heard counsel for the parties, this court finds that the main allegation made in Ariari P.S. Case No.158 of 2008 is in respect of non-disbursement of payment of labourers and of physical assault to one Bhagwania Devi besides committing illegality in payment to the labourers. The allegation in respect of Ariari P.S. Case No.15 of 2009 is in respect of illegality committed in respect of Scheme No.01/07-08 and 41/07-08. It is well settled that in respect of the same offence two cases cannot continue in view of the settled proposition of law laid down by the Hon’ble Apex Court in the case of T.T. Antony (supra). In the circumstances, liberty is granted to the petitioner to move appropriate forum if the charge sheets in both the cases are similar. With the aforesaid observations and liberty, this writ petition stands disposed of. (S.P.Singh,J)