Where Complaint Pending Before Lokayukta, Institution Of FIR On Selfsame Issue Will Create Double Jeopardy: Orissa HC [Read Order]

Justice Biswanath Rath was hearing the petitioner who contended that not only has he not been reinstated in service even after quashing of the order of suspension, but there is already a complaint pending before the Lokayukta on the selfsame issue. It was alleged that a communication has been made by the Project Director, District Rural Development Agency, Bhadrak asking an explanation from the petitioner as to why there shall not be an F.I.R. involving the very same allegation.

"Once the Lokayukta takes up the complaint involving the same allegation against a particular person, institution of an F.I.R. on the selfsame allegation may create double- jeopardy", it was urged.

On behalf of the state, it was argued that since the communication was just seeking response of the petitioner, nothing prevented the petitioner to submit his response pursuant to the same for consideration of the Project Director, District Rural Development Agency, Bhadrak instead of approaching this Court straightway.

"Considering the rival contentions of the parties, this Court finds, admittedly a complaint is pending before the Lokayukta and in the event the Lokayukta is taking up the selfsame issue, institution of F.I.R. on the selfsame issue against the petitioner will definitely create double-jeopardy", observed the Single Judge.

However, the bench at that stage simply noted that if the petitioner files his protest against the communication within a period of seven days hence, the Project Director shall first consider the request of the petitioner, examining whether the subject involving the selfsame issue is under adjudication of the Lokayukta and take a decision as regards the communication within a period of one month thereafter.