Jharkhand High Court
Ravi Kumar vs The State Of Jharkhand on 12 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 311 of 2022
Ravi Kumar, aged about 31 years, son of Chandrika Lal, resident of Ward
No.8, Taratand, P.O. & P.S. Jhumri Telaiya, Dist.- Koderma ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the Opposite Party-State : Mr. Ashutosh Anand, A.A.G.-III
Mrs. Vandana Bharti, A.P.P.
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06/12.12.2022. Heard Mr. Rajesh Kumar, learned counsel for the petitioner and
Mr. Ashutosh Anand and Mrs. Vandana Bharti, learned counsel for the State.
2. This petition has been filed for quashing the entire criminal
proceeding including FIR in connection with Telaiya P.S. Case No.261 of
2019, registered under Section 419, 420, 465, 467, 272, 290, 34 of the
Indian Penal Code, pending in the court of the learned Chief Judicial
Magistrate, Koderma.
3. The FIR was lodged alleging therein that on 04.11.2016 at about
10:30 hours on the basis of secret information, houses of Pawan Kumar and
Ravi Kumar were raided in presence of the independent witnesses. In the
said raid, huge quantity of bottles and label of Maa Yashoda Ghee affixed
with big and small bottles and other articles like different brands of Ghee
were found at the place, but no such document relating to the said articles
was produced by anyone. The articles were seized in presence of the
witnesses and seizure was prepared. During the raid of the house of Ravi
Kumar, Ganja was also recovered. Therefore, the FIR has been lodged
against the petitioner.
4. Vide order dated 07.03.2022, the State was called upon to file counter
affidavit and by the said order, further proceeding was stayed.
5. I.A. No.9048 of 2022 has been filed on behalf of the Superintendent
of Police, Koderma, wherein, it has been disclosed that due to
communication gap the order passed by this Court dated 07.03.2022 was
not within the knowledge of the opposite party-authority and final form has
been submitted on 13.07.2022. A show-cause has been issued to the Officer
in-Charge of Telaiya Police Station and, thereafter the said officer has been
suspended.
6. Mr. Ashutosh Anand, learned A.A.G.-III appearing for the State
submits that disciplinary action has been taken against the erring police
officials by the order of the Superintendent of Police, Koderma. He further
submits that present FIR is arising out of same allegation and for that FIR
was already lodged being Telaiya P.S. Case No.284 of 2016. He fairly
submits that it appears that due to miscommunication the present FIR has
been lodged without considering Section 216 Cr.P.C. He further submits that
the learned court has not taken cognizance in the matter.
7. Mr. Rajesh Kumar, learned counsel for the petitioner in light of the
submissions of Mr. Ashutosh Anand, learned A.A.G.-III, submits that it has
come in the said I.A. as well as counter affidavit filed on behalf of the State,
it appears that for the same allegation, second FIR has been lodged and in
that view of the matter, this petition may be allowed.
8. In view of the above facts and considering the submissions of the
learned counsel for the parties and also considering that for the same
allegation, FIR has already been lodged and the trial is going on and for the
same allegation, present FIR has been lodged, once earlier FIR has already
been lodged, second FIR is not required to be lodged and the learned court
is also having power to add any section under Section 216 Cr.P.C. and also
in view of the judgment passed by the Hon'ble Supreme Court in T.T.
Antony v. State of Kerala; [(2001) 6 SCC 181] , the entire criminal
proceeding including FIR in connection with Telaiya P.S. Case No.261 of
2019, pending in the court of the learned Chief Judicial Magistrate, Koderma
is, hereby, quashed.
9. The explanation disclosed in the said I.A. is accepted by this Court.
10. In view of the above terms, this petition stands allowed and
disposed of.
11. Consequently, I.A. No.9048 of 2022 stands disposed of.
12. Interim order dated 07.03.2022 stands vacated.
(Sanjay Kumar Dwivedi, J.)
Ajay/
