Gujarat High Court refused to quash an FIR against an official of the Gujarat State Land Development Corporation (GSLDC) who was charged with offences punishable under the Prevention of Corruption Act and the Indian Penal Code.
An FIR was registered with the ACB police station in Gandhinagar in 2018 against Kanaiyalal Detroja who was then GSLDC MD and one more official. During a raid at the office, cash worth Rs 1.28 lakh and gold earrings with its bill were allegedly recovered. After that, another FIR was registered after a few days at the same police station against Detroja for the unaccounted cash and gold found.
Detroja had submitted a petition before the high court that the second FIR is just the repetition of investigation which has already taken place in the earlier FIR where the charge sheet has already been filed and that the law does not permit registration of another FIR for the same offence.
However, Justice Gita Gopi said that the two FIRs cannot be clubbed after applying the “Test of Sameness” and “Test of Consequence”.
The court noted that the first FIR became complete on receipt of gratification, with a charge sheet filed against two persons, including Detroja. The offence noted in the second FIR against Detroja was registered to set the criminal action in motion.
The court also noted that the investigation in the first FIR would be complete upon recording the statement of the witnesses to prove the offence, by filing the charge sheet, while the investigation in the second FIR would begin by asking the accused to provide details of his assets and bank statements.
