AJAY PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the second F. I. R. vide jaridih P. S. Case No. 90 of 2008 dated 13-9-2008 registered for the alleged offence under Section 306 of the Indian Penal Code being not maintainable for the reasons that an U. D. Case No. 10 of 2008 was registered earlier for the same occurrence at the Jaridih police Station on 30-6-2008.

(2.) THE Investigating Officer after investigation in the case of unnatural death submitted final form under Section, 173 of the code of Criminal Procedure.

(3.) THE occurrence as presented by the prosecution took place at different stages. The sequence of the occurrence is that the wife of the informant Saroj Kumar Jaiswal namely Lakshmi Jaiswal was kidnapped by the petitioner on 31-5-2008 as alleged by the informant giving rise to Chas P. S. Case no. 131 of 2008 registered on 24-6-2008. Lakshmi Jaiswal was recovered by the Chas police but thereafter she opted to live with her parents at Jainamore. The police after cri. L. J. investigation of the said case submitted final form under Section 173 of the Code of criminal Procedure observing that the allegation as levelled by the informant against the petitioner accused Ajay Paswan was not found true.