Ravi Kumar vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Ashutosh Anand and Mrs. Vandana Bharti, learned counsel for the State.

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.

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.

Vide order dated 07.03.2022, the State was called upon to file counter affidavit and by the said order, further proceeding was stayed.

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.

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.

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.

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.

The explanation disclosed in the said I.A. is accepted by this Court.

In view of the above terms, this petition stands allowed and disposed of.

Consequently, I.A. No.9048 of 2022 stands disposed of.

Interim order dated 07.03.2022 stands vacated.