Operation Theatre, P.H.C. Building and 250 feet P.H.C. road construction and the agreement number of which is 108, F-2/05-06. It is then submitted that by no stretch of imagination, it can be said that the present FIR was in connection with the said offences. Learned Spl. P.P. further submits that there is no dispute regarding the settled principle of law as has been held by the Hon’ble Supreme Court of India in the case of T.P. Gopalakrishnan vs. State of Kerala (supra) but the said settled principle of law is only applicable when the subsequent FIR or the subsequent trial took place for the same offence and not for different offences. But here, as it is crystal clear that the offences are not same offences and relates to different agreement and different works and, therefore merely because the petitioner is a history sheeter and his indulgence in the misappropriation and committing breach of trust of huge amount of public money in several different and separate projects certainly, he cannot be absolved of other subsequent offences for being convicted in one offence. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.
