LAKHAN GIRI Vs. STATE OF M P

JUDGEMENT

(1.) Matter is finally heard at motion stage.

(2.) Facts in nutshell giving rise to this petition are that complainant Suresh Ahirwar lodged a report on 29-12-2009 at Police Station, Chirula District Datia against the petitioners that in the evening at about 4.45 he was returning from Datia after submitting forms of his mother and Bhabhi Manwati, concerning membership of Janpad. He was on the first motorcycle along with his brother Chandra Prakash and Dinesh Kumar. Guard of SAF Anil Yadav, Ram Narayan Yadav and his Bhabhi Manwati were on the second motorcycle. One Prem Narayan, Secretary was also coming behind by means of his motorcycle accompanied with SAF Guard Yashbeer Singh. As soon as they reached at Kalapuram Dagrai Road, petitioners restrained them, who were armed with 315 bore gun, 12 bore gun and they hurled abuses in respect of his caste and threatened that he would not be spared alive. Thereafter, they started firing towards them. On the report of the complainant, FIR concerning Crime No. 62/2009 is lodged against the petitioners for the offences punishable under Sections 307, 147, 148, 149 of IPC read with Sections 3 (2) (v) and 3 (1) (x) of the SC & ST (Prevention of Atrocities) Act. Thereafter, another FIR concerning the same incident, was lodged by complainant Yashbeer Singh against the petitioners and Crime No. 63/2009 for the offences punishable under Sections 307, 353, 147, 148, 149 of IPC read with Section 11/ 13 of the MPDVPK Act is registered against the petitioners, giving rise to this petition either for quashing the first FIR concerning Crime No. 62/2009 or for quashing the second FIR concerning Crime No. 63/2009 as well as entire subsequent criminal proceedings pending before the Trial Court.

(3.) It is contended by learned Counsel for the petitioners that FIRs in question have been got registered by two complainants separately arising out of common incident. Even date and time of the incident is same, witnesses are common in both cases. In both the FIRs, common story has been narrated. The first FIR concerning Crime No. 62/2009 has been lodged by complainant Suresh Ahirwar while the second FIR concerning Crime No. 63/2009 has been lodged by complainant Yashbeer Singh, who is security guard of first complainant Suresh Ahirwar. Due to registration of two FIRs, two separate charge-sheets have been filed and the petitioners are facing two different trials arising out of one incident. Petitioners cannot be punished for the same offence twice. It is also contended by learned Counsel for the petitioners that prima facie case under Section 11/13 of MPDVPK Act is not made out against the petitioners. Hence, either the first FIR concerning Crime No. 62/2009 and entire subsequent criminal proceedings of Special Case No. 76/10 pending before the Court of Special Judge (Atrocities), Datia or the second FIR concerning Crime No. 63/2009 and entire subsequent criminal proceedings of Special Case No. 16/10 pending before the Court of Special Judge (Dacoity), Datia is to be quashed.