SHIVNARAYAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 17.4.2009 passed by learned Chief Judicial Magistrate, Ranchi under which complaint case lodged by Prem Kumar Khatri, respondent no.2 was sent to concerned police station under section 156(3) of the Code of Criminal Procedure for its institution and investigation and also for quashing the first information report, bearing Chutia P.S. case no.79 of 2009 instituted pursuant to aforesaid order passed by the learned Chief Judicial Magistrate.

(2.) LEARNED counsel appearing for the petitioner submits that on 10.2.2007 one Ravindra Kumar, son of the petitioner had married to Payal Khatri (daughter of respondent no.2) who received burn injury accidentally on 10.1.2009 and hence, she was admitted to T.M.H, Jamshedpur where she remained under treatment for about 17 days but unfortunately died on 27.1.2009. On the same day, respondent no.2 (father of the deceased) gave information before the Police Officer of Bistupur Police Station at its police camp at T.M.H that her daughter had received burn injury and hence, she had been brought to T.M.H for the treatment where she died at 11.20, upon which U.D case No.1 of 2009 dated 3.2.2009 was instituted. While the matter was under investigation, respondent no.2 after four months of the occurrence, lodged a complaint case bearing no.549 of 2009 on 17.4.2009 putting false allegation that after the marriage of his daughter, all the accused persons started subjecting her to torture on account of non -fulfillment of demand of dowry and ultimately her husband and other accused persons burnt her to death and thereby they committed offence of dowry death. On receiving the said complaint, learned Chief Judicial Magistrate under order dated 19.2.2009 sent it to concerned police station under section 156(3) of the Code of Criminal Procedure for its institution. On receiving the said order, the Officer -in -Charge of Chutia Police Station, vide its letter dated 24.2.2009 informed to the Chief Judicial Magistrate that one U. D. case, bearing no.1 of 2009 on the basis of statement made by respondent no.2 has already been instituted on 3.2.2009 which is being investigated upon but this fact has not been mentioned by the complainant and as such, there appears to be an ulterior motive on the part of the complainant. Subsequently, respondent no.2 filed an application before the Chief Judicial Magistrate and the learned Chief Judicial Magistrate then passed an order on 24.4.2009 under which he again sent the complaint under section 156(3) of the Code of Criminal Procedure to the Chutia Police Station for its institution, upon which case was instituted and as such, the said order as well as first information report instituted under the aforesaid order have been sought to be quashed on the ground that the learned Magistrate failed to appreciate that there had been no need to resend the complaint petition to the police station as investigation regarding death of the deceased was going on in connection with U.D case no.1 of 2009.

(3.) LEARNED counsel in support of his submission has referred to a decision rendered in a case of Ajay Paswan V/s. State of Jharkhand and others [2009 (2) JLJR 218] wherein it has been held that second first information report for the same and similar offence is not maintainable as any subsequent statement be treated as the statement falling under section 161/162 of the Code of Criminal Procedure.