Case: Awadesh Kumar Jha @ Akhilesh Kumar Jha  Vs. The State Of Bihar

3. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the04.05.2008 FIR no. 111 of 2008 (for short the) was registered at Kishanganj police station against both the appellants along with other persons for the offences punishable under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act, 1956 (in short) on a written complaint made by Sub Divisional Police Officer Ravish Kumar, Kishanganj, Bihar. The allegation made therein was that on the telephonic information received from SDPO Phulwari sharif, Patna regarding the confinement of a minor girl Rubana Khatun, aged about 16 years, in red light area of Khagaria for the purpose of carrying out the flesh trade, the raiding party of police authorities conducted a raid in the house of Sisa Khalifa. In the course of such raid, the raiding party found six couples in objectionable position in six different rooms. Along with others the appellant no. 1 (Akhilesh Kumar Jha) and appellant no.2 (Ajit Prasad) were also arrested in the course of the raid and they were booked for offences punishable under Sections 3,4,5,6 and 7 of the Act.4. The first FIR was investigated by the investigating officer and the report under Section 173 of Cr.P.C. was filed before the Chief Judicial Magistrate (for shortfor taking cognizance of the offences alleged against them. The learned CJM, Kishanganj took cognizance of the alleged offences vide his order dated 06.08.2008.5. In the meantime, both the appellants moved applications for grant of bail. It is alleged that in those bail applications both the appellants furnished wrong information regarding their names,name and address.6. On the written complaint of Shri Arvind Kumar Singh, the Inspector of Police, Kishanganj police station another FIR No. 183 of 2008 (hereinafter referred to as the) dated 03.07.2008 was registered against both the appellants for the offences punishable under Sections 419 and 420 of Indian Penal Code, 1860 (for shortThe allegations made therein were that both the appellants furnished wrong information to the investigating officer regarding their names,name and address during the course of investigation made on the first FIR and also in the bail applications filed by them before the learned CJM in the case arising out of first FIR.7. The second FIR was investigated by the investigating officer and a report under Section 173 of Cr.P.C. was filed before CJM, Kishanganj for taking cognizance of the offences alleged against the appellants. The learned CJM took cognizance of the alleged offences vide order dated 11.09.2008.8. The appellants filed revision petitions before the Additional Sessions Judge, Purnea against the first order of cognizance dated 06.08.2008, passed by CJM, Kishanganj. The learned Additional Sessions Judge, Purnea vide order dated 18.12.2010 has set aside the said order of cognizance passed by CJM, Kishanganj holding that no offence under Sections 3,4,5,6 and 7 of the Act as alleged in the first FIR is made out against the appellants.9. Thereafter, the appellants filed an application under Section 239 of Cr.P.C. before Judicial Magistrate of first class, Kishanganj seeking their discharge from the offences alleged in the second FIR. The learned Judicial Magistrate of first class, Kishanganj after a perusal of material on record found no merit in the application under Section 239 of Cr.P.C. filed by them and accordingly dismissed the same vide his order dated 04.12.2013.10. Being aggrieved of the order dated 04.12.2013 passed by the learned Judicial Magistrate of first class, the appellants approached the Court of Sessions, Purnea by filing the Criminal Revision Petition No. 12 of 2014. The learned Sessions Judge, Purnea concurred with the findings recorded in the impugned order passed by the learned Judicial Magistrate of first class, Kishanganj and dismissed the said revision petition vide order dated 03.02.2014.11. The appellants being aggrieved of the order dated 03.02.2014 passed by learned Sessions Judge, Purnea filed Crl. Misc. No. 13700 of 2014 before the High Court of Judicature at Patna for quashing of the said order.12. The learned Single Judge of the High Court of Patna vide order dated 14.10.2014 dismissed the said petition holding that at present case is surviving against the appellants which has arisen out of the second FIR and the criminal proceedings arising out of first FIR has already been set aside. The learned Single Judge did not find any merit in the said petition filed before her and she accordingly dismissed the same with a direction to the Trial Court to conclude the trial expeditiously. Hence, this appeal with request to set aside the same and allow the application made under Section 239 of Cr.P.C. by the appellants seeking their discharge of the offences alleged in the second FIR.He further submitted that the High Court has failed to appreciate the important aspect of the case that the second FIR registered against the appellants for the offences alleged to have committed forms the same transaction and therefore, registering another case against the appellants is not permissible in law as laid down by this Court in the case referred to supra and the same is against the principle of double jeopardy as enshrined in Article 20(2) of the Constitution of India. Thus, the impugned order passed by the High Court is vitiated in law and the same is liable to be set aside by this Court in exercise of its appellate jurisdiction.17. It was further contended by him that the High Court has not appreciated the fact that even on merits both the appellants never furnished wrong information to the investigation officer about their identity. In this regard, he had submitted that during the course of investigation on the first FIR the investigation officer, after verification found the name of appellant no.1 to be Awadesh Kumar Jha and not Akhilesh Kumar Jha. Similarly, with regard to appellant no.2, hisname was also found to be Late Ramanand, Prasad. The learned counsel urged that appellant no.1 Awadesh Kumar Jha is also known as Akhilesh Kumar Jha. The same fact has also been certified by Mukhiya, Gram Panchayat Sonma, Purnea district. Further, thename of appellant no.2, Ajit Prasad is Late Ramendra Prasad, who was also known as Late Ramananda Prasad. Therefore, both the appellants cannot be said to have furnished any wrong information to the investigation officer regarding their identity as alleged in the second FIR.

Reasoning:
23. From a bare perusal of second FIR, it is abundantly clear that both the appellants have furnished wrong information to the police as to their names,name and address during the course of investigation made on the first FIR. This Court is of the view that the offences alleged to have committed by them are mentioned in second FIR, which offences are distinct offences committed by both the appellants and the same have no connection with the offences for which the first FIR was registered against them. Therefore, for the reason stated supra, the contention urged by the learned counsel on behalf of both the appellants that instead of institution of second FIR for the said offences, a further investigation as provided under(8) to Section 173 of Cr.P.C. should have been done by the investigation officer on the ground of they being the part of same transaction with offences registered under first FIR is wholly untenable in law and liable to be rejected.It is well settled principle of law that there can be no second FIR in the event of any further information being received by the investigating agency in respect of offence or the same occurrence or incident giving rise to one or more offences for which chargesheet has already been filed by the investigating agency. The recourse available with the investigating agency in the said situation is to conduct further investigation normally with the leave of the court as provided under(8) to Section 173 of Cr.P.C.However, this principle of law is not applicable to the fact situation in the instant case as the substance of the allegations in the said two FIRs is different. The first FIR deals with offences punishable under Sections 3,4,5,6 and 7 of the Act, whereas, the second FIR deals with the offences punishable under Sections 419 and 420 of IPC which are alleged to have committed during the course of investigation of the case in the first FIR. This Court is of the view that the alleged offences under the second FIR in substance are distinct from the offences under the first FIR and they cannot, in any case, said to be in the form of the part of same transaction with the alleged offences under the first FIR. Therefore, no question of further investigation could be made by the investigating agency on the alleged offences arisen as the termed under) to Section 173 of Cr.P.C.connotes the investigation of the case in continuation of the earlier investigation with respect to which the chargesheet has already been filed.Therefore, for the above said reasons the submissions made on behalf of both the appellants are not tenable in law and the same cannot be accepted by this Court. Further, the case of Amitbhai Anilchandra Shah (supra) upon which strong reliance is placed by the learned counsel for both the appellants is also totally inapplicable to the fact situation and it does not support the case of both the appellants.