INDRA KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) TWO petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, in sum and substance have prayed for quashing of first information report in Biraul P.S. Case No. 8 of 2000 which was registered for the offence under Section 498A and 379 of Indian Penal Code.

(2.) IT has been submitted by Mr. Vishwanath Prasad Singh, learned senior counsel appearing on behalf of the petitioners that neither the police of Biraul Police Station was authorized to investigate the case nor for the same offence second first information report was required to be lodged. It was submitted that Opposite Party No. 2, who was wife of petitioner No. 1 had earlier filed a case vide Kolsewadi (Kalyan) C.R. No. I -228 of 1997 on 22.12.1997 alleging therein that the petitioners had committed offences under Sections 498A, 406, 323, 504 and 506 of the Indian Penal Code in which the Bombay Police, after investigating the case, had submitted charge -sheet. Opposite Party No. 2 again, in the year 2000, has filed the present first information report against the petitioners. It was submitted by learned Senior Counsel appearing on behalf of the petitioners that the contents of first information report itself indicate that informant/complainant had alleged that the occurrence had taken place at Bombay and, as such, the police at Biraul was not authorized to register first information report. It was further submitted that for the same occurrence, two first information reports cannot be lodged. Learned Senior Counsel appearing for the petitioners relied upon a judgment of Hon'ble Supreme Court reported in : 2004 (8) SCC 100 Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. on the point that under Section 498A of the Indian Penal Code, first information report can be lodged in the Police Station where occurrence had taken place and only that Court is competent to try the offender for such offence within whose territorial jurisdiction occurrence had taken place. Learned Senior Counsel appearing on behalf of the petitioners on the point of registration of first information report twice for the same offence has relied upon a judgment reported in : 2001 Cr.L.J.3329 T.T. Antony v. State of Kerala. On the aforesaid two grounds, it has been prayed that first information report and investigation in Biraul P.S. Case No. 8 of 2000 be set aside.

(3.) WITH the above observation and direction, the petition stands rejected.