Nirmal Mondal @ Nirmal Chandra Mondal v. State Of West Bengal And ORS.

December 23, 2025

(34) ARDR WPA 21399 of 2025 Nirmal Mondal @ Nirmal Chandra Mondal Vs.

The State of West Bengal & ors.

Adv. Tarunjyoti Tewari, Adv. Kaushiki Bose, ...for the petitioner.

Adv. Sirsanya Bandopadhyay, Adv. Tarak Karan, ...for the State.

Exception used by the petitioner to the report submitted by the State is taken on record.

The petitioner is aggrieved by the fact that as many as seven FIRs are pending against the petitioner with regard to the self same issue. Three of the cases are pending for trial. The others have been dropped. Placing reliance on the authorities in Arnab Ranjan Goiswami vs,. Union of India & ors. reported in (2020) 14 SCC 12 and Kapil Agarwal & ors. vs. Sanjay Sharma & ors. reported in (2021) 5 SCC 524, learned counsel for the petitioner submits that several FIRs lodged on the basis of the same cognizable offence or on the same occurrence or incident cannot be entertained. The petitioner seeks quashing of the FIRs.

Learned counsel for the State submits that the three FIRs have culminated in charge sheets upon completion of investigation and are pending trial before the learned Courts.

I have considered the rival submission of the parties and material on record. There is no quarrel with regard to

the same proposition of law that there can be no second FIR with regard to the same cognizable offence or occurrence as in the first FIR. However, in the case in hand, the three cases have culminated in charge sheets and the matters are pending trial. In the event the petitioner is aggrieved by the submission of separate charge sheets in offences of identical nature, he is at liberty to approach the appropriate forum for quashing the same. Also, since the cases are pending trial, the petitioner may take necessary steps before the appropriate forum for clubbing the three cases and simultaneous trial of the same.

No fruitful purpose shall be served by keeping the writ petition pending. The same is accordingly disposed of.

There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)