BINOD DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Das, learned counsel appearing for the petitioners. I have also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam, appearing for the respondent No.1. None has appeared for the respondent No.2. The learned counsel for the respondent No.2 was absent even on the previous occasion.

(2.) By filing this Criminal Petition under Sec. 482 read with Sections 397/401 Crimial P.C. the petitioners have prayed for quashing the First Information Report (F.I.R.) dated 21.12.2016 based on which, All Women Police Station Case No.214/2016 was registered under sections 498(A)/354((b)/326/305/34 IPC, on the ground that a second F.I.R. on the same occurrence is not permissible in the eye of law.

(3.) It appears from the record that the respondent No.2 had lodged an F.I.R. on 15.12.2016 before the Officer-in-Charge of Kamalpur Police Station based on which, Kamalpur P.S. Case No.176/2016 was registered under section 498(A) of the Penal Code. On completion of investigation, the police had submitted charge-sheet against the four accused persons named in the said F.I.R. and another viz., Ms. Kamini Deka. The learned trial court has framed charge against the accused persons in G.R. Case No.1610/2016 corresponding to Kamalpur P.S. Case No.176/2016 and the trial is under progress. However,, within seven days of the F.I.R. dated 15.12.2016, the respondent No.2, had lodged another F.I.R. on 21.12.2016 based on which, All Women P.S. Case No.214/2016 has been registered.