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Rajasthan High Court · body

1998 DIGILAW 537 (RAJ)

Gulam Sabir v. State of Rajasthan

1998-04-18

AMRESH KUMAR SINGH

body1998
Honble SINGH, J.–Heard the learned counsel for the petitioners and the learned Public Prosecutor. (2). By these petitions, it is prayed that F.I.R. No. 247/1993 and F.I.R. No. 248/1993 registered at the Police Station, Nimbahera be quashed. (3). According to the petitioners, the First Information Report Nos. 247/1993 and 248/1993 have been registered on the basis of the complaints filed by Nana Lal and Barkat Ali and both these complaints were filed as a defence to the Criminal Cases registered at the Police Stations, Chittorgarh, where FIRs Nos. 166/1993 and 168/1993 were registered by the police on the basis of information given by Daulat Ali and Irfan Ali. (4). It is submitted by the learned counsel for the petitioners that separate First Information Reports cannot be registered by the police, if cross cases are alleged by the parties, because there cannot be two investigations in the matter and, therefore, the registration of the First Information Reports No. 247/93 and 248/1993 at the Police Station, Nimbahera was without jurisdiction. (5). I have carefully considered the submission made by the learned counsel for the petitioners. I find no force in his submission. When cross cases are set up by parties to a dispute involving commission of offences cognizable by the police, both parties allege commission of offences by the opposite parties. The offences alleged in the cross cases, are not the same, though the time and place of their commission in both the cases may be the same and that the transaction may also be the same. Therefore, when both the parties allege the commission of offences against them, there being different offences, two first information reports can be legally registered by the police officer incharge of the Police Station. It may be desirable that report u/S. 173 of the Cr. P.C. should, as far as may be possible be submitted together in both the cases, but there is nothing in the Criminal Procedure Code to suggest that the two investigations started by the police by registering two separate first information report cannot be investigated separately. (6). After carefully considering the submissions made by the learned counsel for the petitioners, I do not find any force in these petitions. Both petitions deserve to be dismissed and are hereby dismissed.