LAWS(PAT)-2018-5-103

RAM BIHARI PANDEY Vs. STATE OF BIHAR

Decided On May 18, 2018
Ram Bihari Pandey Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. P.K. Shahi, learned Senior Advocate assisted by Mr. Ranjeet Kumar, learned Advocate representing the petitioners in both these applications and Mr. Sandip Kumar, learned Advocate representing the informantrespondent no. 9 as also learned counsel representing the State.

(2.) Cr.W.J.C. No. 1009/2017 has been filed by Ram Bihari Pandey and Bhola Nath Prasad Gupta who are, though not named in the First Information Report under challenge but their names have transpired in course of investigation. Cr. Misc. No. 24537/2017 has been filed by Bimal Kumar Nopani who is named in the F.I.R. In both the cases the F.I.R. lodged by respondent no. 9 has been sought to be quashed. Both the cases have been clubbed together by virtue of order dated 107.2017 passed by learned co-ordinate Bench of this court in Cr.W.J.C. No. 1009/2017.

(3.) The First Information Report being Chhatauni P.S. Case No. 91/2017 registered for the offences under Section 147, 148, 149, 341, 324, 326, 307, 302, 353, 337, 338/120B of the Indian Penal Code has been sought to be quashed on the ground that with regard to the same occurrence Anchala Adhikari, Motihari had already lodged the F.I.R. being Chhatauni P.S. Case No. 89 of 2017 under Section 147, 148, 149, 341, 323, 337, 338, 332, 333, 353, 307, 326, 427, 120B of the Indian Penal Code.