Allowed¶23

Vijay Kumar Mishra @ Vijay Mishra v. The State of Bihar

Patna HC23 Jul 2024CR. MISC./25175/2024

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.25175 of 2024, decided 23-07-2024 by Justice Sandeep Kumar. Petitioners Vijay Kumar Mishra @ Vijay Mishra and Gopal Mishra sought quashing of Arer P.S. Case No. 179 of 2023 (Sections 272, 273, 341, 323, 353, 504/34 I.P.C.; 30(a) Bihar Prohibition of Excise Act), registered 20.12.2023. Court found it to be the second F.I.R. for the same occurrence as Benipatti Excise P.S. Case No. 140 of 2023 (Section 3(a), Bihar Prohibition & Excise Amendment Act 2018); application allowed and the second F.I.R. quashed. No precedents cited; no monetary quantum involved.

What did the court decide?

Quashing of the F.I.R. bearing Arer P.S. Case No. 179 of 2023 registered on 20.12.2023 ¶23

Vijay Kumar Mishra @ Vijay Mishra Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25175 of 2024

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Arising Out of PS. Case No.-179 Year-2023 Thana- ARER District- Madhubani

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======================================================

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Vijay Kumar Mishra @ Vijay Mishra SON OF SHRI SITARAM MISHRA RESIDENT OF VILLAGE- AND PO AND PS - ARER, DISTMADHUBANI

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GOPAL MISHRA SON OF SHRI PREM CHANDRA MISHRA RESIDENT OF VILLAGE- AND PO AND PS - ARER, DISTMADHUBANI

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar Jha For the Opposite Party/s : Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 23-07-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor appearing on behalf of the State.

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This application has been filed for quashing of the F.I.R. bearing Arer P.S. Case No. 179 of 2023 u/s 272, 273, 341, 323, 353, 504/34 of I.P.C. and 30(a) of Bihar Prohibition of Excise Act registered on 20.12.2023 by one Dhirendra Prasad Srivastava, Inspector of Benipatti Excise Police Station which is nothing but the repetition of Benipatti Excise P.S. Case No. 140 of 2023 dated 18.12.2023 u/s 3(a) of Bihar Prohibition & Excise Amendment Act 2018.

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For the same occurrence, two F.I.R.s have been registered.

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Patna High Court CR. MISC. No.25175 of 2024(2) dt.23-07-2024 2/2

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From the reading of the F.I.R., it appears that the contention of the petitioner is correct.

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Learned counsel for the petitioners submits that for

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the same occurrence two F.I.R.s cannot be registered.

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The learned Additional Public Prosecutor has opposed the prayer of the petitioner.

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I have gone through the two F.I.R.s and it appears that F.I.R. in Annexure-1 is the second F.I.R. and therefore, the same cannot be continued.

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In view of the above, this application is allowed.

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Accordingly, the F.I.R. bearing Arer P.S. Case No. 179 of 2023 u/s 272, 273, 341, 323, 353, 504/34 of I.P.C. and 30(a) of Bihar Prohibition of Excise Act registered on 20.12.2023 is quashed.

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(Sandeep Kumar, J)

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Saif/-

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U T

Vijay Kumar Mishra @ Vijay Mishra v. The State of Bihar

Case brief

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Vijay Kumar Mishra @ Vijay Mishra v. The State of Bihar

Case brief

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