BALBEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 22.4.1999 at about 12.45 O'clock the police officers P/s. Khetri received a telephonic message that some persons were fighting at Nizampura Maud Bus Stand. The police officers reached there and arrested the present applicant for having caused injuries to Ram Chander Ahir. The applicant was arrested U/s. 151 Cr.RC. and thereafter a complaint under Sec. 107/116 r.w. Sec. 151 Cr.RC. was filed by the police in the court of SDM Khetri on 23.4.99. On that very day the applicant was read over a notice under Sec. 111 Code Criminal Procedure He appears to have been admitted to bail by the learned SDM in that case.

(2.) Simultaneously what the police officers, P/s. Khetri did was that on the basis of the statement of Ram Chander, recorded by them, Crime No. 132/99 for offences U/s. 323, 341 Penal Code was registered. Subsequently the offence under Sec. 307 Penal Code was also added. It is in connection with this case No. 132/99 that the applicant apprehends his arrest again by the police officers P/s. Khetri.

(3.) It was submitted that in respect of the same occurrence/incident the police has arrested the present applicant under Sec. 151 Code Criminal Procedure though in connection with a case under section 107/116 Cr.RC. Since the applicant had once been arrested in connection with a case registered at the Police Station he cannot be arrested again in connection with the same increased by the police.