RAJEEV KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the entire criminal proceeding initiated against the petitioner vide Complaint Case No.1084/2021 pending in the court of learned court of Judicial Magistrate, first class, Palamau, Daltonganj under Sec. 147, 148, 149, 323, 325, 352, 354, 387, 386, 427, 504, 506, 34 of the IPC and Sec. 27 of the Arms Act and under Sec. 3&4 of the SC/ST (Prevention of Atrocities) Act, 1989 including the order taking cognizance dtd. 19/5/2015 whereby cognizance against the petitioner and other accused persons under Sec. 323 and 34 of the IPC has been taken.

(2.) On 15/10/2012 by way of alleging the complaint petition was filed as under:

(3.) Mr. Amit Kumar, the learned counsel appearing for the petitioner submits that earlier FIR was instituted by O.P.No.2 being Padwa P.S.Case No.53 of 2013 for the incident which was happened on 15/10/2012. He further submits that by suppressing the institution of earlier FIR the complainant case was instituted for the same offence of dtd. 15/10/2012 and the cause of action was also for the same occurrence of dtd. 15/10/2012 in which the petitioner is alleged to have used abusive language and has also committed act of assault. He submits that both the cases are related to the same incident and subsequently the case instituted against the petitioner deserves to be quashed and set aside.