ADARSH LAKSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal prosecution in connection with the FIR of Kunda P.S. Case No. 59 of 2025 including the charge sheet no. 80 of 2025 dtd. 8/6/2025 on the ground that the same is the second FIR in respect of self-same occurrence, in respect of which Kunda P.S. Case No. 57 of 2025 was registered prior to this FIR.

(3.) The allegation against the petitioner of Kunda P.S. Case No. 59 of 2025 is that the petitioner was member of unlawful assembly and in prosecution of common object of the assembly blocked the National Highway by keeping a dead body of a lady on a stretcher alleging that the lady sustained injury by the acts of the police and when the informant and the police officers of Kunda P.S. Case No. 59 of 2025 reached the place of occurrence, the petitioner being member of an unlawful assembly assaulted the police personnel, causing injuries to them, attempted to murder them by beating them with lathi and danda, used criminal force to deter the public servant-police officer from discharging their duty.