Krishna Kumar Rusia vs The State Of Madhya Pradesh
2022 Latest Caselaw 8543 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                                BEFORE
                                                    HON'BLE SHRI JUSTICE SHEEL NAGU
                                                        ON THE 28th OF JUNE, 2022

                                                WRIT PETITION No. 14325 of 2021

                                        Between:-
                                        KRISHNA KUMAR RUSIA S/O CHANDRA BHAN
                                        RUSIA , AGED ABOUT 51 YEARS, OCCUPATION:
                                        BUSINESS NEAR KALI MANDIR GWAL TOLI
                                        DISTT. HOSHANGABAD (MADHYA PRADESH)

                                                                                      .....PETITIONER
                                        (BY SHRI ASEEM TRIVEDI, ADVOCATE)

                                        AND

                                   1.   THE STATE OF MADHYA PRADESH THR.
                                        PRINCIPAL SECRETARY MINISTRY OF HOME
                                        VALLABH    BHAWAN   BHOPAL   (MADHYA
                                        PRADESH)

                                   2.   THE DIRECTOR GENERAL OF POLICE POLICE
                                        HEAD QUARTERS DISTT. BHOPAL (MADHYA
                                        PRADESH)

                                   3.   THE INSPECTOR GENERAL OF POLICE
                                        H O S H A N G A B A D DISTT. HOSHANGABAD
                                        (MADHYA PRADESH)

                                   4.   THE    SUPERINTENDET       OF    POLICE
                                        HOS HAN GAB AD R/O GRAM P.T.S. TOLA
                                        PACHMANI WARD NO. 5 DISTT. HOSHANGABAD
                                        (MADHYA PRADESH)

                                   5.   THE STATION HOUSE OFFICER P.S. KOTWALI
                                        DISTT. HOSHANGABAD (MADHYA PRADESH)

                                   6.   SHRI MANOJ UIKE, SUB INSPECTOR POLICE
                                        STATION   KOTWALI DISTT. HOSHANGABAD
                                        (MADHYA PRADESH)

Signature Not Verified
  SAN
                                   7.   SHRI RAJ KISHOR YADAV S/O NOT MENTION
                                        OCCUPATION:   EX   COUNCILLOR   DISTT.
Digitally signed by YOGESH KUMAR        HOSHANGABAD (MADHYA PRADESH)
SHIRVASTAVA
Date: 2022.07.01 10:19:13 IST
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                                   8.         SHRI RAJENDRA YADAV S/O NOT MENTION
                                              OCCUPATION: NOT MENTION WARD NO. 30,
                                              GWAL TOLI, DISTT. HOSHANGABAD (MADHYA
                                              PRADESH)

                                                                                                 .....RESPONDENTS
                                              (BY MS. AISHWARYA SINGH, PANEL LAWYER)

                                         This petition coming on for admission this day, th e court passed the
                                   following:
                                                                       ORDER

This petition has been filed by one of the accused Krishna Kumar Rusia who happens to be one of the accused in FIR bearing Crime No.250/18 registered at Police Station Hoshangabad Kotwali and also one of the accused in FIR bearing Crime No.650/17 registered at Police Station Hoshangabad

Kotwali.

The challenge herein is to the FIR Annexure P/1 which according to the petitioner was registered on the ground that first FIR relating to the same incident was lodged earlier vide Annexure P/2. Challenge is further laid to filing of charge-sheet Annexure P/13 relating to Crime No.250/18.

Learned counsel for the petitioner submits that due to past animosity two FIRs have been lodged against the petitioner which amounts to malicious prosecution. The attention of this Court is also invited to the report dated 24.06.2018 (Annexure P/8) by SDO(Police) that the subsequent FIR bearing Crime No.250/18 arising out of the same transaction in regard to which the first FIR 650/17 (Annexure P/3) was registered is untenable. It is thus submitted by relying upon the judgment of Apex Court in the case of Amitbhai Anil Chandra Shah vs. CBI, (2013) 6 SCC 348 that the subsequent FIR bearing Crime No.250/18 be quashed.

Signature Not Verified SAN

Digitally signed by YOGESH KUMAR SHIRVASTAVA Date: 2022.07.01 10:19:13 IST Learned Panel Lawyer for the State informs that after conclusion of

investigation charge-sheet has been filed in respect of both the FIRs and trial is in progress.

In view of the above, it is too late in the day to go into the legality and validity of the subsequent FIR or quash the same since the trial Court is ceased of the matter and this Court deems it appropriate to direct for conduction of common trial.

In view of the above, this petition stands disposed of with the direction to the learned trial Judge to conduct a common trial in respect of both the charge-sheet filed pursuant to Crime No.250/18 and Crime No.650/17 of Police Station Hoshangabad Kotwali by treating the subsequent charge-sheet as supplementing charge-sheet.

(SHEEL NAGU) JUDGE YS

Signature Not Verified SAN

Digitally signed by YOGESH KUMAR SHIRVASTAVA Date: 2022.07.01 10:19:13 IST