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2018 (6) TMI 1803 - HC - Indian LawsParallel proceedings - lodging of two subsequent FIRs in connection with the same and connected offences - seizure of new currency and Gold - whether allegations mentioned in the FIRs are one and the same or not - HELD THAT:- Admittedly, in the case on hand, the accused involved are one and the same. The first FIR No.RC MA1 2016 A0040 dated 19.12.2016 was lodged in Chennai for the offence under Sections 409, 420, and 120-B IPC r/w 13(2) r/w 13(1)(d) of PC Act,1988 and subsequent two FIRs in RC MA1 2016 A0051 and RC MA1 2016 A0052 dated 30.12.2016 was lodged in Chennai for the offence under Sections 409, 420, and 120-B IPC r/w 13(2) r/w 13(1)(d) of PC Act,1988. In FIR No.RC MA1 2016 A0040 the suspected offence has been shown as criminal conspiracy, cheating and criminal breach of trust. The date of suspected offence is 08.12.2016 and entry taken on 19.12.2016. The place of occurrence is alleged to be Chennai and Vellore - A reading of the above said three FIRs shows that the search and seizure was conducted by Income Tax Department in the premises of A-1 Sekar Reddy, at Chennai on 8/9/12.2016 and on consecutive days the amount was recovered. Further, it is also clear that the cases have been registered on purported information received from Income Tax Department regarding search and seizure of currency in new denomination concerning the same accused. Further, the averments in two subsequent FIRs makes it clear that the allegations in them is connected to the offence alleged in the first FIR in RC MA1 2016 A0040. A careful perusal of the stand taken by CBI would have no manner of doubt that the reliance has solely been placed on the searches/seizures carried out by the Income Tax Department on 8/9.12.2016. Therefore, to contend that the allegations mentioned in FIR are different and constitute distinct and separate transaction, is absolutely untenable. Pertinently, no independent or separate materials have been gathered by the respondent apart from the proceedings carried out by the Income Tax Department. Further the averments made by the respondent that the petitioners have hatched a conspiracy with unknown public servants also cannot be countenanced in the absence of any public servant or Bank being identified so far. Thus, it is clear that in the present case on hand, the source of information is one and the same. The accused are also same persons. It is also apparent that the offence alleged in the first FIR and offences covered in the subsequent FIRs are connected and arising out of the same transaction and as such registering of subsequent FIRs is not proper. Thus, the claim of the petitioners that lodging of two subsequent FIRs in connection with the same and connected offences as mentioned in first FIR in Crime No.RC MA1 2016 A0040 is not permissible as Section 154 of Cr.P.C. do not permit the registration of subsequent FIRs for the same offence or connected offence. In the light of the above said discussion, the plea of the petitioner is to be entertained. Petition allowed.
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