Petitioners sought quashing of an FIR due to a duplicate case for the same occurrence raising abuse of process double jeopardy concerns.
The petition for quashing of the FIR was rejected on the grounds that it was premature and investigation was ongoing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.22632 of 2016 (3) dt.05-09-2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22632 of 2016
Arising Out of PS.Case No. -24 Year- 2016 Thana -SAMASTIPUR GRP CASE District-
SAMASTIPUR ====================================================== 1. Phool Babu Son of Md. Qayum Resident of Village- Mehsoul Gote, PS Sitamarhi, District Sitamarhi. 2. Syed Ehteshamul Haq@Ehtemasul Haq Son of Syed Phool Babu Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. 3. Md. Nazruddin Son of Md. Abdur Rahman Resident of VillageMehsoul Gote, Ward no. 9, Sitamarhi, District Sitamarhi. 4. Gulshan Khatoon wife of Quadir Rain Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. 5. Md. Feroz son of md. Isman Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. 6. Md. Aashif @Haasif Son of Dr. Md. Rafique Resident of VillageMehsoul, PS Sitamarhi, District Sitamarhi. 7. Md. Sahim@Md. Saim Alam Son of Usman Resident of VillageMehsoul, , Ward no. 7, PS Sitamarhi, District Sitamarhi. 8. Shifat@Md. Siffat@Md. sibgatullah Vaasti Son of late Habib Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. 9. Zafar Mirza@Md. Zafar @Md. Zafar Mirza Son of Mirza Galib@Mirza Gal Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. 10. Md. Afroz Son of Islam Resident of Village- Mehsoul, PS Sitamarhi, District Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Kanhaiya Lal Son of late Ravindra Kumar Singh Resident of VillageChandrima, PS kashichak, District Nawada, Presently At C-24, Rail PS Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Patna High Court Cr.Misc. No.22632 of 2016 (3) dt.05-09-2016
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basis of which Sitamarhi PS Case No. 197/2016 has been registered while another one has been registered as Rail Darbhanga (Sitamarhi) PS Case No. 24/2016 on the Fardbeyan of one Kanhaiya Lal, the alleged victim. Therefore, it is the submission on behalf of petitioners that proceeding with both the cases will be a sheer abuse of process of law. Simultaneously, petitioners will be put under unnecessary harassment by way of tackling both the trial independently, for the same cause. Therefore, allowing investigation in both the cases will cause irreparable loss to the petitioners and on account thereof, has prayed for quashing of Rail Darbhanga (Sitamarhi) PS Case No. 24/2016 pending before Railway Judicial Magistrate, Samastipur.
Patna High Court Cr.Misc. No.22632 of 2016 (3) dt.05-09-2016
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may be, then in that event, petitioner will have to say and further stand on the plank of double jeopardy in terms of Section 300 of the Cr.P.C. For the present, as the investigation is going on, as such, applicability of Section 300 Cr.P.C. is found non applicable. Apart from this, during course of investigation, so many options are found available before the I.O. whereupon, the prayer at the present moment, is found premature.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
Whether a petition for quashing a criminal proceeding registered for the same occurrence is maintainable while investigation is pending.
Whether Section 300 Cr.P.C. (Double Jeopardy) applies at the stage of investigation.
1 provisions across 1 enactments
Arising Out of PS.Case No. -24 Statutory Parties IH/PS.Case No.24/2016
The State of Bihar
Kanhaiya Lal
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
