Quashing petition under Section 482 Cr.P.C. against a second FIR registered on the same incident for which an earlier FIR existed. The Court held the subsequent FIR unsustainable and quashed it, permitting the statement therein to be used as a Section 161 statement in the first case's investigation and trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10731 of 2016
Arising Out of PS. Case No.-67 Year-2015 Thana- MAHILA PS District- Darbhanga
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... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
This is an application under Section 482 of the Cr.P.C. filed by the accused persons/petitioners praying for quashing of Darbhanga Mahila Thana P.S. Case No.67 of 2015 dated 24.11.2015 registered under Sections 363, 376, 506, 323, 379, 34 of the I.P.C. pending in the Court of learned S.D.J.M., Darbhanga.
Patna High Court CR. MISC. No.10731 of 2016(7) dt.29-07-2024 2/2
(Bibek Chaudhuri, J)
mdrashid/- U T
2 issues framed by the court
Whether a second FIR on the same allegations can be quashed when an earlier FIR was already registered.
Whether the second FIR's statement may be treated as a Section 161 Cr.P.C. statement in the first case.
3 provisions across 2 enactments
Pradeep Kumar Singh
Renu Devi
Manish Singh @ Manish Kumar Singh @ Manish Kumar
Anuradha Kumari
Nitish Kumar Singh
The State of Bihar
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
