Finds distinct offences, allows second FIR to stand
Morung Express News
Kohima | March 2
The Gauhati High Court Kohima Bench on March 2 has dismissed a petition seeking to quash an FIR registered in Kohima against six persons in connection with the alleged forgery and sale of fake Nagaland State Lottery tickets.
Delivering the judgment, Justice Yarenjungla Longkumer held that the Kohima FIR was legally maintainable and could not be treated as a barred “second FIR,” as it disclosed distinct offences separate from those under investigation in Kolkata.
Forgery allegations
The case stemmed from a written complaint filed by the then Director of Nagaland State Lotteries leading to registration of FIR No. 009/2023 at Kohima North Police Station on March 13, 2023.
The six persons were alleged to have forged the official logo and name of the Nagaland State Lottery and the Director’s signature on fake paper lottery tickets.
These tickets were allegedly sold in West Bengal, resulting in substantial GST and TDS evasion and financial loss to the State exchequer, it alleged. The petitioners were also accused of leaking confidential government agreements into the public domain.
Earlier FIRs had been registered in Kolkata, including at Bidhannagar Police Station, where the petitioners were reportedly discharged, and at Hare Street Police Station, where investigation is ongoing.
Challenging the Kohima FIR, the petitioners invoked the “test of sameness,” relying on precedents including TT Anthony Vs State of Kerala, arguing that the case was based on the same transaction as the Hare Street FIR and was therefore impermissible in law.
They further alleged “malicious prosecution, intended to harass, intimidate and silence the petitioners who have exposed large scale malpractices in the lottery trade.”
Prior to the FIR, the petitioners had filed multiple complaints before the various Government agencies alleging large scale violations and GST evasion in the lottery trade, it was contended.
The territorial jurisdiction was also questioned as ‘unsustainable’ as the alleged acts occurred in West Bengal and the petitioners are residents of Delhi and have never conducted any business in Kohima.
Court upholds second FIR exception
Opposing the plea, the State maintained that the Kohima FIR disclosed specific and serious offences not covered in the Kolkata case. The Special Public Prosecutor submitted that the Nagaland Government and the Director were direct victims of forgery, particularly in relation to the alleged misuse of the State’s logo and the Director’s signature.
The Court examined the legal position on multiple FIRs and noted that while a second FIR for the same incident is generally barred, exceptions exist where it reveals a rival version, a larger conspiracy, or distinct offences.
The alleged forgery of the State’s official logo and the Director’s signature constituted separate criminal acts, distinct from the broader allegations of illegal lottery operations in Kolkata, it held.
The Court also found that materials on record, including witness statements and the charge sheet, disclosed a prima facie case under various provisions of the IPC and the Lotteries (Regulation) Act, 1998. It further noted the State’s submission regarding possible addition of charges under the Official Secrets Act, 1923.
Referring to the principles laid down in State of Haryana v. Bhajan Lal, the Court held that the case did not meet the stringent criteria for quashing criminal proceedings on grounds of mala fide intent.
The exercise of judicial discretion depends on the facts and circumstances of each case and the present case was factually distinguishable from the judgments in T.T. Anthony and Babubhai, it held.
Thus, quashing the FIR at this stage, the Court ruled, would deprive the complainant of justice and allowed the criminal proceedings arising out of the FIR at Kohima North PS to continue in accordance with law.
