Ravindra Nigam vs State Of Madhya Pradesh

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of FIR registered at Police Station-Tukoganj, Indore bearing Crime No.687/2019 for committing offence under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code, 1860.

Learned counsel for the applicant has based his arguments on the premise that on one cause of action there cannot be two FIRs' and as per learned counsel there are two FIRs' in the matter which are placed at Annexure-A/8 dated 05.12.2019 and Annexure-A/1 dated 10.12.2019. He has filed one citation which is Amit Shah vs. CBI order dated 08.04.2013 passed in Writ Petition (Criminal) No.149/2012, the paragraph 22 of judgment has been read out in which it has been mentioned that second FIR in respect of offence committed in the course of same transaction is not only impermissible, but it violates Article 21 of the Constitution of India.

Learned public prosecutor appearing for the State submits that Ms. Archana Kher has been appointed as fixed Public Prosecutor for the all the cases in which Jitu Soni is one of the party and submits that Ms. Archana Kher is not available today to argue the matter.

The complainant-Ravindra Pandit is present in person before the Court through Video Conferencing who submits that he needs time to file written objections in the matter.

There is an IA No.5964/2020 which is an application for stay in the form of no coercive action against the present applicant. However, this application cannot be heard unless and until an opportunity is given to the opposite parties in this matter. Although, it has been mentioned that the petitioner is a senior citizen and is 72 years old, the complainant is also 72 years old who states that he suffered at the hands of accused-Jitu Soni and due to terror and threat of Jitu Soni, he could not come to Indore from Mumbai and it is now that he has mustered some courage to appear before this Court at Indore.

Considered.

It would not be appropriate to pass an order on IA No.5964/2020 which is an application for stay, without hearing to the opposite parties and instead of four weeks' time, two weeks' time is granted in this matter to file adequate reply by the opposite parties at-least as far as application for stay is concerned.

This matter be listed on 30.09.2020 on the point of consideration on IA No.5964/2020 which is an application for stay.

It is made clear that submissions be positively made by both the parties on 30.09.2020.