Jharkhand High Court
Ranjeet Kumar Rawani @ Ranjit ... vs The State Of Jharkhand on 3 October, 2023
Cr. M.P. No.2367 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.2367 of 2023
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Ranjeet Kumar Rawani @ Ranjit Rawani, aged about 43 years, son of
Late Ratan Rawani, resident of Chothai Kulhi, Jharia, P.O. & P.S.
Jharia, Dist. Dhanbad. ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Ms. Ruby Pandey, Addl. P.P.
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the
jurisdiction of this Court under Section 482 of the Code of Criminal Procedure
with a prayer to quash the entire criminal proceeding including the First
Information Report in connection with Dhansar P.S. Case No.140 of 2023
registered for the offence punishable under Sections 147, 148, 149, 341, 337, 353,
307 of the Indian Penal Code and under Section 27 of the Arms Act which is
now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad on
the ground that this is the second F.I.R. in respect of the same occurrence in
respect of which Dhansar P.S. Case No.139 of 2023 has been registered.
3. The brief facts of Dhansar P.S. Case No.139 of 2023 is that on 05.07.2023
at about 10:30 am when the loading work was going on at the loading point of
Newpit Bastakola Manjhi Basti under the Dhansar police station, the total
thirteen accused persons named in the F.I.R. and twenty other unknown
persons came armed with pistol and deadly weapons with explosives and
resorted to firing from fire arms. By which, the labourers fled away by saving
Cr. M.P. No.2367 of 2023
their lives out of fear. The written report was submitted by Nawal Kishore
Paswan. The allegations made in the written report of Dhansar P.S. Case
No.140 of 2023 which is lodged by the police inspector-cum-officer In-charge of
Dhansar Police Station alleging therein that on 05.07.2023 when the loading
work was going on in total about 17-18 number of persons opposed the manual
coal loading, raised slogans and threatened the labourers and on being told not
to indulge in such types of acts, the accused persons became violent and used
criminal force against the police by manhandling the police personnel and
when the police told them to go away from there, they also pelted stones. The
accused persons of the case terrorized by firing from the fire arms and twenty
eight persons have been named in the written report of Dhansar P.S. Case
No.140 of 2023.
4. Learned counsel for the petitioner relies upon the judgment of the
Hon'ble Supreme Court of India in the case of Krishna Lal Chawla & Others
vs. State of Uttar Pradesh & Another reported in (2021) 5 SCC 435 paragraphs-
9 of which reads as under:-
"9. The grave implications of allowing such misuse may be
understood better in light of the following exposition by this Court
in Amitbhai Anilchandra Shah v. CBI [Amitbhai Anilchandra
Shah v. CBI, (2013) 6 SCC 348 : (2014) 1 SCC (Cri) 309] : (SCC p.
373, para 37)
"37. This Court has consistently laid down the law on the
issue interpreting the Code, that a second FIR in respect of
an offence or different offences committed in the course of the
same transaction is not only impermissible but it violates
Article 21 of the Constitution. In T.T. Antony [T.T.
Antony v. State of Kerala, (2001) 6 SCC 181 : 2001 SCC
(Cri) 1048] , this Court has categorically held that
registration of second FIR (which is not a cross-case) is
violative of Article 21 of the Constitution."
(emphasis
supplied)."
Cr. M.P. No.2367 of 2023
and submits that the second F.I.R. in respect of an offence for same
offences committed in the course of the same transaction is not only
impermissible but it violates Article 21 of the Constitution of India. Hence, it is
submitted that the entire criminal proceeding including the First Information
Report in connection with Dhansar P.S. Case No.140 of 2023 which is now
pending in the court of learned Judicial Magistrate-1st Class, Dhanbad on the
ground that this is the second F.I.R. in respect of the same occurrence in respect
of which Dhansar P.S. Case No.139 of 2023 has been registered, be quashed and
set aside.
5. Learned Addl.P.P. appearing for the State do not dispute the fact that the
F.I.R. of the cases have been lodged in respect of the same occurrence; but
opposes the prayer of the petitioner by submitting that some additional
occurrences have been narrated in the First Information Report in connection
with Dhansar P.S. Case No.140 of 2023.
6. Having heard the rival submissions made at the Bar and after carefully
going through the materials available in the record, this Court has no hesitation
in holding that the F.I.R. of Dhansar P.S. Case No.140 of 2023 is the second
F.I.R. in respect of the offences committed in course of the same transaction in
respect of which Dhansar P.S. Case No.139 of 2023 has been registered. Hence,
in the considered opinion of this Court, the F.I.R. of Dhansar P.S. Case No.140
of 2023 being not sustainable in law and the continuation of the same will
amount to abuse of process of law and hence this is a fit case where the entire
criminal proceeding be quashed and set aside.
7. Accordingly, the entire criminal proceeding including the First
Information Report in connection with Dhansar P.S. Case No.140 of 2023 which
Cr. M.P. No.2367 of 2023
is now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad
being the second F.I.R. in respect of the same occurrence in respect of which
Dhansar P.S. Case No.139 of 2023 has been registered, is quashed and set aside.
8. In the result, this Cr.M.P. stands allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 03rd of October, 2023
AFR/ Animesh
