SACHCHIDANAND SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ramawatar Choubey, learned counsel for the petitioners and Mrs. Priya Shrestha, learned counsel for the State.

(2.) This petition has been filed for quashing the Chatra Sadar P.S. Case No.12 of 2021 registered under Ss. 353/504/506/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Chatra.

(3.) Mr. Ramawatar Choubey, learned counsel for the petitioners submits that Chatra Sadar P.S. Case No.12 of 2021 was filed pursuant to Chatra Sadar P.S. Case No.11 of 2021. He refers to the contents of Chatra Sadar P.S. Case No.11 of 2021 and submits that in the said FIR itself, the police has recorded that for search of the house and objection made by the family members, another case is being lodged. By way of referring the said contents, he submits that it is an admitted position that Chatra Sadar P.S. Case No.12 of 2021 was registered pursuant to the same transaction. He further submits that the date of occurrence in both the FIRs is dtd. 19/1/2021 and the occurrence time at 19:50 hours is disclosed in the first FIR, which is reiterated in the second FIR. He submits that Sanha No.32 of 2021 dtd. 19/1/2021 is the subject matter of both the FIRs. On these grounds, he submits that when FIR is already there, there was no occasion to register second FIR. He also submits that in view of the judgment passed by the Hon'ble Supreme Court in the case of T.T. Antony v. State of Kerala, reported in (2001) 6 SCC 181, second FIR may kindly be quashed.