SHIVRAJ KUNDLIK UBALE Vs. STATE OF MAHARASHRA

JUDGEMENT

(1.) HEARD . Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties. A very short question has been raised in the present petition as to whether two First Information Reports in respect of the same transaction are permissible.

(2.) HEARD learned Counsel for the petitioners, learned A.P.P. and learned Counsel appearing for respondent No. 2. Learned Counsel for the petitioners brought to our notice the written complaint filed by respondent No. 2 to the Police Inspector, Begampura Police Station, Aurangabad (Shahar), on 2.11.2013. Learned Counsel further brought to our notice the endorsement made below the said application by the Duty Officer, Police Station, Begampura, Aurangabad (Shahar). The endorsement reveals that the said FIR was entered into Station Diary at Sr. No. 306/2013, entry No. 51, at 21.50 hours. The endorsement further reveals that on orders of the Police Inspector, the matter is handed over for further inquiry to Beat Head constable Bhakare, Bakkal No. 2097. Learned Counsel then brought to our notice the FIR registered at Police Station, Begampura, on 3.11.2013, for the offenses punishable under Sections 363, 511, 392 and 34 of IPC. Learned Counsel invited our attention to the complaint on the basis of which the said FIR has been registered at Begampura Police Station. The complaint has been filed by respondent No. 2 herein on 3.11.2013. Learned Counsel submitted that both the complaints are arising out of the incident alleged to have happened on 2.11.2013 in the period between 8 p.m. to 8.15 p.m.

(3.) WE have carefully gone through the written complaint filed by respondent No. 2 on 2.11.2013 and the complaint dated 3.11.2013. Both the complaints are arising out of the incident stated to have happened on 2.11.2013 at about 8 pm to 8.15 p.m. The spot of occurrence as has been stated in both the complaints is also the same. As mentioned earlier, learned Counsel for respondent No. 2 has also placed on record copy of the complaint filed by respondent No. 2 on 2.11.2013 bearing endorsement and seal of Police Station, Begampura, acknowledging receipt of the said complaint and further endorsement to which we have referred herein -above.