VIPIN @ GOLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc petition has been filed under Sections 482 and 483 CrPC for quashing the FIR.

(2.) IT is stated that for one and same occurrence two FIRs were registered. One FIR was lodged at the place of theft of vehicle bearing No. RJ 29 UA 0159 and the second FIR was lodged at the place from where vehicle was found. Trial pursuant to the first FIR proceeded and petitioner was convicted under Section 379 IPC and sentenced with 11 months simple imprisonment but acquitted for the offence under Section 411 IPC. This was the trial pursuant to IR No. 190/2008 registered at Police Station - Manpur District - Dausa. The second FIR No. 143/2008 registered at Police station - Nadoti, District -Karauli was lodged where the vehicle was found. Pursuant to second FIR charge sheet has been filed. Since one of the accused is absconding trial has not proceeded. Petitioner has preferred this petition under Sections 482 and 483 CrPC taking note of the fact that for one and the same occurrence/offence/incident two FIRs cannot be maintained and accordingly second FIR so as the charge sheet deserve to be quashed and set aside. My attention is drawn to the judgment of the Hon'ble Apex Court in the case of TT Antony v. State of Kerala and Ors. reported as : 2001 Cri.L.J. 3329 (1).

(3.) I have considered rival submissions of the parties and have scanned the matter carefully.