The applicant challenged an FIR under Section 420 IPC, arguing it constituted a duplicate of an earlier report. The court rejected the argument, holding that parallel proceedings for different incidents are permissible under settled law, and dismissed the application.
The application for quashing the charge sheet and FIR was dismissed.
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Court No. - 24
Case :- APPLICATION U/S 482 No. - 37543 of 2018
Applicant :- Ravi Mishra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this petition, the accused has submitted that the quashing the charge sheet dated 31.05.2018 in Case Crime no. 58 of 2018 under Section 420 I.P.C. Police Station G.R.P., District Aligarh.
According to learned counsel for the applicant, there are two F.I.R.'s lodged for the same incident. Learned counsel for the applicant next submits that prior to the present case there was another complaint (Report) for the same offence was lodged against the applicant by the G.R.P. police on 9.08.2017 for the incident alleged to be taken place on 7.11.2017 at 9:30 hours which has been registered as Case Crime No. 1246 of 2017, under section 163 of Railway Act, Police Station R.P.F. Khurja, District Aligarh. True copy of the complaint (Report) dated 9.8.2017. It is further submitted that in the aforesaid case crime, the applicant was sent to jail and thereafter he has been granted bail by the learned court below on 7.11.2017 in Case Crime No. 1246 of 2017 passed by court below.
On a suggestion being made to the counsel that as he is already on bail in one matter he may be protected for some time. He may obtain bail in the other to which learned advocate has submitted that this is a case of dual F.I.R. and it be decided on merits.
While hearing on merits of this petition, it is a settled law, that parallel proceedings for two different incidents can be registered by the police.
In that view of the matter, the application lacks merit and is, accordingly, dismissed.
Order Date :- 26.10.2018/Praveen
1 issue framed by the court
Whether the application for quashing the first information report (FIR) was maintained.
Ravi Mishra
State Of U.P.
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
