SEKH JAMIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal at the instance of the writ petitioners is directed against the order of the learned Single Judge dtd. 21/3/2022 whereby WPA 3312 of 2022 has been disposed of with liberty to the appellants to avail the remedy under Sec. 482 of Cr.P.C.

(2.) The appellants had approached the Writ Court with the plea that the First Information Report (FIR) No. 71 dtd. 30/3/2021 was lodged at Marishda Police Station, Contai sub-division under Sec. 302/34 of the IPC in respect of the incident which took place on 30/3/2021. After investigation, the charge-sheet/final report was filed on 30/6/2021 and on 6/12/2021, ACJM, Contai had committed the case for trial, but thereafter, the respondent no. 2, CBI, had lodged the FIR on 21/12/2021 for same offence, hence, in the writ petition, the prayer was made to quash the FIR dtd. 21/12/2021.

(3.) Learned Single Judge in the order under appeal has taken the view that in the facts of the case, interference under Article 226 of the Constitution is not warranted especially when an alternative effective remedy is available to the appellant under Sec. 482 of Cr.P.C. Hence, liberty has been granted to avail that remedy.