Jharkhand High Court
Vishal Kumar vs The State Of Jharkhand .... Opp. Party on 3 May, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 660 of 2022
Vishal Kumar, aged about 20 years, Son of Raju Ravidas, resident of
Qtr. No. 397 E-Block, Sector -V, P.O. -Bhuli, P.S. -Bank More, District -
Dhanbad.
.... Petitioner
Versus
The State of Jharkhand .... Opp. Party
PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
.....
For the Petitioner : Mr. Lukesh Kumar, Advocate
: Mr. Praveen Shankar Prasad, Advocate
For the State : Mr. Vineet Kr. Vashistha, Spl. P.P.
.....
By the Court:-
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the
jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to
quash the order taking cognizance dated 24.02.2021 for the offences
punishable under Section 201, 25 (1-B) (a), 26 & 35 of the Arms Act,
passed by the learned Additional Chief Judicial Magistrate, Dhanbad
including the entire criminal proceeding arising out of Jharia P.S.
Case No. 259 o9f 2020, the same being the second F.I.R. in respect of
the same occurrence.
3. The allegation against the petitioner is that during the investigation
of Jharia P.S. Case No. 251 of 2021, registered for the offences
punishable under Section 302/201/34 of the Indian Penal Code and
Section 27 of the Arms Act in connection with murder of Vinod Jha,
police came to know that inter-alia the petitioner was present near
the place of occurrence of the death of Vinod Jha and Police
interrogated the petitioner and the three co-accused persons in
connection with the said case being Jharia P.S. Case No. 259 of 2020
and they disclosed that Vinod Jha committed suicide with a pistol
and these three persons threw the pistol with a stick under the
bushes and threw the mobile phone of the deceased Vinod Jha at a
distance under a culvert and on the basis of the written report of the
Police Sub-Inspector of Jharia Police Station, this case has been
registered.
4. It is submitted by the learned counsel for the petitioner that this
case being Jharia P.S. Case No. 259 of 2020 is the second F.I.R. in
respect of the same occurrence. Relying upon the Judgment of
Hon'ble Supreme Court of India in the case of Babubhai Vs. State of
Gujarat and Others, reported in (2010) 12 SCC 254, para-21 of which
reads as under:-
"21. In such a case the court has to examine the
facts and circumstances giving rise to both the FIRs and the
test of sameness is to be applied to find out whether both the
FIRs relate to the same incident in respect of the same
occurrence or are in regard to the incidents which are two or
more parts of the same transaction. If the answer is in the
affirmative, the second FIR is liable to be quashed. However,
in case, the contrary is proved, where the version in the
second FIR is different and they are in respect of the two
different incidents/crimes, the second FIR is permissible. In
case in respect of the same incident the accused in the first
FIR comes forward with a different version or counterclaim,
investigation on both the FIRs has to be conducted."
It is submitted by the learned counsel for the petitioner that this
F.I.R. being Jharia P.S. Case No. 259 of 2020 be quashed and set aside
and the prayer as prayed for in this criminal miscellaneous petition
be allowed.
5. The learned Spl. P.P. fairly submits that the F.I.R. of Jharia P.S. Case
No. 259 of 2020 do not involve any new discovery.
6. Having heard the submissions made at the Bar and after going
through the materials in the record, it is pertinent to mention here
that as has been held by the Hon'ble Supreme Court of India in the
case of T.T. Antony v. State of Kerala reported in (2001) 6 SCC 181
that fresh investigation based on second or successive F.I.Rs, not
being a counter case, filed in respect of the same or connected
cognizable offence alleged to have been committed in the course of
same transaction and in respect of which pursuant to the first F.I.R.
either investigation is under way or final report under Section 173 (2)
Cr.P.C. has been forwarded to Magistrate may be a fit case for
exercise of power under Section 482 Cr.P.C. or under Article 226/227
of the Constitution of India.
7. Now coming to the F.I.R. of Jharia P.S. Case No. 251 of 2020, the
same has been registered on 16.12.2020 in connection with murder
and disappearance of evidence of murder of Vinod Jha. In the F.I.R.
of Jharia P.S. Case No. 259 of 2020 which has been registered on
23.12.2020, subsequent to the F.I.R. of Jharia P.S. Case No. 251 of
2020 because Jharia P.S. Case No. 259 of 2020 has been registered on
23.12.2020; there is reference to the facts of Jharia P.S. Case No. 251 of
2020 and there is categorical admission by the informant of Jharia
P.S. Case No. 259 of 2020 that during the course of investigation only
of Jharia P.S. Case No. 251 of 2020, the occasion arose for
interrogation of the petitioner and the three co-accused persons of
Jharia P.S. Case No. 259 of 2020. Thus, this Court has no hesitation in
holding that the F.I.R. of Jharia P.S. Case No. 259 of 2020 on being
put to the test of sameness, reveals that the F.I.R. of Jharia P.S. Case
No. 259 of 2020 relates to the same incident in respect of the same
occurrence and are in regard to the same incidents which are two or
more parts of the same transactions in respect of which Jharia P.S.
Case No. 251 of 2020 has been registered.
8. Under such circumstances, this Court is of the Considered view
that this is a fit case where in exercise of the power under Section 482
Cr.P.C., the entire criminal proceeding including the First
Information Report of Jharia P.S. Case No. 259 of 2020 and the order
taking cognizance dated 24.02.2021 be quashed and set aside.
9. Accordingly the entire criminal proceeding including the First
Information Report of Jharia P.S. Case No. 259 of 2020 and the order
taking cognizance dated 24.02.2021 is quashed and set aside.
10. In the result, this criminal miscellaneous petition is allowed.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 3rd May, 2024
AFR/Sonu-Gunjan/-
