YOGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is named accused in Salimpur P.S. Case No. 38 of 2015 as well as in Salimpur P.S. Case No. 47 of 2015 for an occurrence dated 08.03.2015 committed at the same place. In other words, according to the petitioner both the FIRs aforesaid are for the same occurrence. Hence, subsequent FIR bearing Salimpur P.S. Case No. 47 of 2015 be quashed as it is well settled that the petitioner or any accused cannot be put to double jeopardy.

(2.) For consideration of the aforesaid point and prayer, it would be necessary to go through the two FIRs. The first FIR i.e. Salimpur P.S. Case No. 38 of 2015 was lodged on 08.03.2015 itself for the occurrence dated 08.03.2015 committed in the village Kala Diyara, Police Station Salimpur, district Patna on the written report of Devendra Rai, Assistant Sub-Inspector of Police, Salimpur Police Station. According to FIR, when the police was on patrolling duty, the local people informed that two groups one led by Krishna Singh and another led by Kapildeo Singh (informant of Salimpur P.S. Case No. 47 of 2015) have attacked, variously armed against each other, resulted in injuries to several persons of both side. Further allegation is that the members of the two groups (petitioner was member of the group of Krishna Singh) fired against each other. When the police reached there one of the injured Kapildeo Singh was found who was taken to hospital (Public Health Centre, Bakhtiyarpur). The FIR further discloses that both sides are quarrelsome people and in the past also, the referred criminal cases were lodged against each other. A copy of the aforesaid FIR is Annexure-1.

(3.) The second FIR was lodged on the fardbeyan of Kapildeo Singh i.e. member of one of the groups disclosed in Salimpur P.S. Case No. 38 of 2015. The fardbeyan was recorded by the Sub-Inspector, S. Pandey of Pirbahore Police Station at Patna Medical College & Hospital on 22.03.2015. Hence, by necessary implication, the injured was referred from Primary Health Centre, Bakhtiyarpur to Patna Medical College & Hospital for better treatment. In this FIR Kapildeo Singh alleged that named persons including the petitioner variously armed, came to his house and committed assault causing injury at different parts of the body as well as commission of theft etc. Old dispute and enmity is stated as reason for the occurrence.