Dr. Uchit Lal Mandal v. The State Of Bihar Through Vigilance And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.32 of 2016 ====================================================== Dr. Uchit Lal Mandal, son of late Kedar Mandal, Resident of VillageKhawas Pur, Police Station- Pirpainti, District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through Vigilance

2. The Deputy Inspector General , Vigilance, Patna , Bihar.

3. The Superintendent of Police, Vigilance, Patna, Bihar.

4. Dr. Das Bihari Singh, father's name not known, Civil Surgeon, Kaimur , Bhabua, son of not known, resident of Amber, New Sarai Road, Bihar Sharif, Nalanda.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindhyachal Singh Mr. Satya Prakash For the Respondent/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Santosh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 05-05-2016 The grievance of the petitioner is that on the same set of allegation, FIR bearing Special Case No. 7/2012 arising out of Bhabhua PS Case No. 533 of 2011, and FIR bearing Special Case No.61/2011 arising out of Bhabhua PS Case No. 449 of 2011 have been lodged. It is contended that two FIRs on the same set of allegations cannot be lodged. Though in the first FIR the petitioner is not specifically named but in the second FIR he has been specifically named as an accused.

Learned counsel for the petitioner refers to the judgments in the cases of Madan Rai & Another vs. The State of Bihar [2015(3) PLJR 633]; Amitbhai Anilchandra Shah vs. The Central Bureau of Investigation & Another [2013(2) PLJR(SC) 373]; and T T Antony vs. State of Kerala & Ors. [(2001) 6 SCC

Patna High Court Cr. WJC No.32 of 2016 (7) dt.05-05-2016 2/2 181] in support of his contention.

Learned counsel for the respondents fairly submits that both the FIRs can be amalgamated so that the cause of justice is not interfered with.

Admittedly, report under Section 173, Cr.P.C. has been filed in the FIR giving rise to Special Case No.7/2012 against the accused including the petitioner. Therefore, the ends of justice will be met if the police is directed to further investigate into Special Case No. 61/2011 arising out of Bhabhua PS Case No. 449 of 2011 and to submit a report to the same court which is in seisin of the Special Case No. 7/2012.

The present writ petition stands disposed of accordingly.

(Hemant Gupta, J) mrl U