MD. SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this writ application the petitioner prays for issuance of a direction to the respondents to amalgamate the FIR Nos. 41, 42, 43, 44 and 48 of 2005 relating to Hussainganj Police Station Case on the ground that all the FIRs have been arising out of one raid conducted in the house of the petitioner on single day i.e. on 24.4.2005 on a different point of time starting from 8 AM to 5.30 PM. According to the petitioner Hussainganj P.S. Case Nos. 41, 42, 43 and 44 of 2005 have been registered on the basis of written report of Officer Incharge of Hussainganj Police Station whereas Hussainganj P.S. Case No. 48 of 2005 has been registered on the basis of written report of Electrical Works Engineer, Siwan. Hussainganj P.S. Case No. 42 of 2005 has been registered under section 414 of the Indian Penal Code, Sec. 25(1-B)A/26 of the Arms Act, 1959 Sections 20, 21 of the Telegraph Act. Hussainganj FIR Case No. 48 of 2005 is under section 379 of the Indian Penal Code, Sections 39 and 44 of the Indian Electricity Act. Hussainganj P.S. Case Nos. 43 and 44 of 2005 have been registered for the offences under sections 25(1-B)A/26 of the Arms Act. Hussainganj P.S. Case No. 41 of 2005 is for the offences under Sec. 414 of the Indian Penal Code.

(2.) Submission of the learned counsel for the petitioner is only to the extent that there was one raid in which some articles were recovered but only with a view to tarnish the image of the petitioner he has been implicated in different cases..

(3.) The stands of the respondents is that Hussainganj P.S. Case No. 41 of 2005 was registered on the basis of written report of Sub-Inspector B.K. Pandey. Hussainganj P.S. Case Nos. 42/05, 43/05 and 44/05 were registered on the basis of self-statement of S.I. Ranvijay Singh, Officer-lncharge Hussainganj Police Station. The District Magistrate in course of holding Janta Darbaron 23.4.2005 at Pratappur received public complaint about the criminal activities of the petitioner and accordingly a raid was conducted in presence of two Magistrates. Raid led to recovery of many incriminating articles including prohibited arms and ammunition, articles used by Army like Night Vision device, Walkie-Talkie, Telescopic rifle, bullet proof jackets, several magazine of different Arms, foreign currencies and many suspected four wheeler and two wheelers. All the recoveries were made from the different houses and places belonging to the petitioner. Hussainganj P.S. Case No. 41 of 2005 was with regard to recovery of Tata Saira Car, Maruti Van, three Yamaha motorcycles, One Bajaj CT 100 motorcycle and one L.M.L. Freedom motorcycle from the southern compound of newly constructed house of the petitioner. At the time of recovery for those vehicles the father of the petitioner told that all the vehicles were parked there since long before the arrest of the petitioner. Regarding other articles also it was stated that all belongs to the petitioner. Hussainganj P.S. Case No. 43 of 2005 related to recovery of illegal arms and ammunitions including photographs showing petitioner with the killed deer. That seizure was made from the middle room of the house which was in possession of the petitioner. Hussainganj P.S. Case No. 44 of 2005 was in connection with recovery of German made laser pistol with magazine and large number of cartridges and bullets of Pakistan ordinance factory and several charger kept beneath the bed of the petitioner in his bed room of his ancestral house. Recovery in connection with Hussainganj P.S. Case No. 41 of 2005 relating to arms and ammunitions was from three different places at three different times. The respondents have never tried to tarnish the image of the petitioner. The huge quantity of seizure from his house itself shows his character.