PANKAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Miscellaneous No. 565 of 2007 has been filed for quashing the First Information Report of Kadamkuan (Kankarbagh) P.S. Case No. 643 of 2006 dated 24.7.2006 instituted by Pankaj Singhal, whereas CRIMINAL Miscellaneous No. 12930 of 2009 has been filed for quashing the order of cognizance dated 24.1.2007 taken in Fulwarisharif (Gaurichak- Gopalpur O.P.) P.S. Case No. 455 of 2006 dated 23.7.2006. The main contention of the petitioner is that both the cases relate to the same incident and as such the later case i.e. Kadamkuan (Kankarbagh) P.S. Case No. 643 of 2006 should merge with the case lodged earlier i.e. Fulwarisharif (Gaurichak-Gopalpur O.P.) P.S. Case No. 455 of 2006.

(2.) ON perusal of the First Information Report of both these cases, it would appear that an occurrence took place on 23.7.2006 in which it is alleged that several persons had gathered at the place of occurrence i.e. Ravindra Singh's cabin, Chakbairiya Karnpura Road, Thana- Gaurichak (Gopalpur O.P.), Patna and there was exchange of hot words as well as firing etc. In this case there are number of accused persons including the petitioner and the informant of Kadamkuan (Kankarbagh) P.S. Case No. 643 of 2006. The allegation in Kadamkuan (Kankarbagh) P.S. Case No. 643 of 2006 is that the informant Pankaj Singhal alleges that he was kidnapped by the accused persons named in the First Information Report. He was able to free himself and run away. Subsequently he was caught and beaten up for which he had lodged this case.