Ajit Kumar Khatabe @ Ajit Kumar @ Ajit Kumar Khatave v. The State Of Bihar Through The Director General Of Police, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.257 of 2023 Arising Out of PS. Case No.-54 Year-2021 Thana- KHIRHAR District- Madhubani ====================================================== AJIT KUMAR KHATABE @ AJIT KUMAR @ AJIT KUMAR KHATAVE S/O RAM NAGINA KHATAVE Resident of Village- Sonai, P.S.- Khirhar, District- Madhubani.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA BIHAR 2.
THE SUPERINTENDENT OF POLICE, MADHUBANI BIHAR 3.
THE DEPUTY SUPERINTENDENT OF POLICE, MADHUBANI. BIHAR 4.
THE INSPECTOR OF POLICE, KHIRHAR POLICE STATION, DISTRICT- MADHUBANI BIHAR 5.
THE S.H.O. KHIRHAR POLICE STATION, MADHUBANI. BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar For the Respondent/s :
Mr. Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-06-2024 Heard the parties.
2. The petitioner will remove the defect(s) as pointed out by the Office.
3. The present application has been filed for quashing the First Information Report (F.I.R.) of Khirhar P.S. Case No. 54 of 2021 dated 24.07.2021 instituted under sections 363/366 and 34 of the Indian Penal Code and also for quashing the process issued under Section 82 of the Code of Criminal Procedure on 15.12.2022 by the Sub-Divisional Judicial Magistrate, Benipatti, Madhubani.
Patna High Court CR. WJC No.257 of 2023(3) dt.19-06-2024 2/2
4. The petitioner wants the subsequent F.I.R. to be quashed on the ground that for the same occurrence, the second F.I.R. is not maintainable.
5. The first F.I.R. has been registered on the statement of the accused of the second F.I.R.
6. Two versions of an occurrence can be investigated by the police in two different F.I.R.s.
7. In view of the above, this application is disposed of.
8. The Superintendent of Police, Madhubani will supervise both the cases together.
(Sandeep Kumar, J) Saif/- U T