Shrawan Kumar Mahto vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

Notice issued to opposite party No.2 has been validly served. Therefore, service of notice upon the opposite party No.2 is sufficient. No one turns on behalf of the opposite party No.2 in spite of repeated calls.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the First Information Report in connection with Barharwa P.S. Case No.117 of 2019 corresponding to G.R. Case No.630 of 2019 registered for the offences punishable under Sections 323, 376, 504 and 34 of the Indian Penal Code as well as the order dated 13.06.2017 wherein consequent upon the complaint of the informant/victim being forwarded to the police under Section 156(3) of the Code of Criminal Procedure, the First Informant Report was registered.

Learned counsel for the petitioners submits that investigation of the case is still going on and charge sheet has not yet been submitted. Learned counsel for the petitioners next draws attention of this Court to page No.25 of the brief and submits that on the basis of the same complaint case i.e. Complaint Case No.812 of 2016 of the court of the Additional Chief Judicial Magistrate, Rajmahal, the same being forwarded to police under Section 156(3) of the Code of Criminal Procedure, Barharwa P.S. Case No.154 of 2017 has been registered and in that case after investigation of the case, police submitted charge sheet and the petitioner No.2 faced the trial and he has since been acquitted and in that case, Final Form has been submitted against the petitioner No.1 and the same has not been protested by the complainant/opposite party No.2.

Learned counsel for the petitioners next submits that since for the same complaint, erroneously after more than two and half years, Barharwa P.S. Case No.117 of 2019 has again been registered. Hence, the FIR this case i.e. Barharwa P.S. Case No.117 of 2019, is hit by the provisions of Section 162 of the Code of Criminal Procedure; being the second First Information Report in respect of the self-same occurrence. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Addl.P.P. appearing for the State on the other hand does not dispute the fact that because of some error on the part of the police for the self-same occurrence and arising out the self-same complaint case, this second First Information Report has been registered.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that in view of the undisputed fact that for the self-same occurrence and arising out of the self-same complaint case, because of some mistake, the First Informant Report of the Barharwa P.S. Case No.117 of 2019 has again been registered. So, in the considered opinion of this Court, the same is not sustainable in law being hit by the provisions of Section 162 of the Code of Criminal Procedure. Hence, continuation of this criminal proceeding against the petitioners will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding including the First Information Report in connection with Barharwa P.S. Case No.117 of 2019 corresponding to G.R. Case No.630 of 2019 as well as the order dated 13.06.2017 wherein consequent upon the complaint of the informant/victim being forwarded to the police under Section 156(3) of the Code of Criminal Procedure, the First Informant Report was registered, be quashed and set aside.

Accordingly, the entire criminal proceeding including the First Information Report in connection with Barharwa P.S. Case No.117 of 2019 corresponding to G.R. Case No.630 of 2019 as well as the order dated 13.06.2017 wherein consequent upon the complaint of the informant/victim being forwarded to the police under Section 156(3) of the Code of Criminal Procedure, the First Informant Report was registered, is quashed and set aside.

In the result, this Criminal Miscellaneous Petition is allowed.

In view of disposal of this Criminal Miscellaneous Petition, the interim relief granted earlier vide order dated 07.09.2020 stands vacated.

Registry is directed to intimate the court concerned forthwith.