The High Court dismissed a writ application seeking to quash a second FIR on the ground that a charge sheet had already been filed in the first FIR, rendering the present challenge infructuous.
Writ application dismissed as infructuous.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No. 828 of 2015
====================================================== Om Prakash Singh, S/o Mahendra Singh, R/o Village - Kara, P.S. - Obra, Dist. - Aurangabad
.... .... Petitioner Versus 1. The State of Bihar, through District Magistrate, Aurangabad 2. The District Manager, Bihar State Food Corporation, District - Aurangabad .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Sumeet Kumar Singh, Advocate Mr. Abhiprav Singh, Advocate Mr. Satyendra Prasad Singh, Advocate For the State : Mr. Ajay, G.A.-XII For the BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
This writ application has been filed under Articles 226 and 227 of the Constitution of India with a prayer to quash the second FIR vide Obra Police Station Case No. 40 of 2015 lodged, for the offences under Sections 409 and 420 of the Indian Penal Code, against the petitioner.
The petitioner has challenged two FIRs lodged for the same offence against the petitioner on the ground that the subsequent FIR violates the fundamental rights of the petitioner under Articles 14, 20 and 21 of the Constitution of India.
The State has filed counter affidavit stating therein that the police has already submitted final form in Obra Police Station Case No. 40 of 2015 and a charge-sheet in the first FIR
Patna High Court Cr. WJC No.828 of 2015 (7) dt.08-02-2017
2/2
vide Obra Police Station Case No. 01 of 2013.
In the circumstances, the writ application is
infructuous now.
Accordingly, it stands dismissed as infructuous.
(Birendra Kumar, J)
Kundan
U T
1 issue framed by the court
WhethersubsequentFIRagainstthesameoffenceviolatesfundamentalrightsandisthereforeliabletobequashed.
Om Prakash Singh
The State of Bihar
The District Manager, Bihar State Food Corporation
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
