KAPIL AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioners are aggrieved by FIR No. 193/08 registered at Police Station Raini, District Alwar for fences under Sections 143, 332, 353 Indian Penal Code.

(2.) THE brief facts of the case are that on 10.12.2008 while the girls were giving their exams in Government Secondary School, Garhi Sawairam, allegedly the Petitioners entered into the school, disturbed the exams and misbehaved with some of the young ladies. Immediately, the Principal of the School lodged a FIR, which was registered as FIR No. 192/2008 at Police Station Raini for offences under Sections 332/353 Indian Penal Code. But on the same day, one Mr. Ramphool also lodged a FIR with regard to the same incident. The said FIR was registered as FIR No. 193/2008. In the above -mentioned FIR, the police had submitted a negative Final Report. However, vide order dated 25.02.2010, the learned Magistrate has disagreed with the negative Final Report and has directed the police to take effective and serious steps and to apprehend the accused persons.

(3.) ON the other hand, the learned Public Prosecutor has conceded, and in the opinion of the Court rightly so, that two FIRs cannot co -exist with regard to the same incident.