RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Sec. 482 of the Code of Criminal Procedure for quashing the FIR of Chandi P S Case No. 263 of 2007 for the offence under Sections 467, 468, 472, 473 and 420/34 of the Indian Penal Code.

(2.) The learned lawyer for the petitioners submits that on secret information Arun Kumar Choudhary, O/C of Chandi P.S., District -Nalanda, under the leadership of Dy. S.P. of STF conducted a raid in the house of the petitioner Ram Chandra Prasad. After seeing the police party the petitioners attempted to flee away but they were apprehended. A search was made in the house and a large number of arms and ammunitions are said to have been recovered. 4 new rifles of .315 bore were recovered, the arsenal number of which was found scratched. A sum of Rs. 45,726/ - was recovered from the possession of petitioner Ram Chandra Prasad and a sum of Rs. 41,700/ - from the possession of the petitioner Chhote Kumar alias Surya Prakash. Officer Incharge Arun Kumar Choudhary on his self statement lodged FIR bearing Chandi P S Case No. 262 of 2007 under the Arms Act. He submits that the Officer Incharge also lodged another FIR bearing Chandi P S Case No. 263 of 2007 under Sections 467, 468, 472, 473 and 420/34 of the Indian Penal Code in which he made statement of the recovery of arms and ammunitions and the registration of the case bearing Chandi P S Case No. 262 of 2007 and added that the petitioners after scratching the arsenal number of the rifles and changing the shape indulged in sale and purchase.

(3.) THE learned lawyer for the petitioner submits that both the cases arise out the same occurrence filed by the same police officer mentioning the same occurrence and same date and time. He submits that trial of accused in two separate cases for the same offence is not permissible in law and hence Chandi P S Case No. 263 of 2007 under Sec. 467 and others Sections of the Indian Penal Code be quashed. The learned State counsel conceded that both the cases arise out of the same occurrence lodged by the same police officer.