Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 609 (RAJ)

Vipin @ Golu v. State of Rajasthan Through P. P.

2010-03-16

M.N.BHANDARI

body2010
JUDGMENT 1. - This misc petition has been filed under sections 482 and 483 Cr.P.C. for quashing the FIR. 2. It is stated that for one and same occurrence two FIRs were registered. One FIR was lodged at the place of theft of vehicle bearing No. RJ 29 UA 0159 and the second FIR was lodged at the place from where vehicle was found. Trial pursuant to the first FIR proceeded and petitioner was convicted under section 379 IPC and sentenced with 11 months simple imprisonment but acquitted for the offence under section 411 IPC. This was the trial pursuant to FIR No. 190/2008 registered at Police Station - Manpur District - Dausa. The second FIR No. 143/2008 registered at Police station - Nadoti, District - Karauli was lodged where the vehicle was fond. Pursuant to second FIR charge sheet has been filed. Since one of the accused is absconding trial has not proceeded. Petitioner has preferred this petition under sections 482 and 483 Cr.P.C. taking note of the fact that for one and the same occurrence/offence/ incident two FIRs cannot be maintained and accordingly second FIR so as the charge sheet deserve to be quashed and set aside. My attention is drawn to the judgment of the Hon'ble Apex Court in the case of TT Antony v. State of Kerala & Ors., reported as 2001 Cri.L.J. 3329 (1) . 3. Learned PP, on the other hand, opposed this petition, however on facts it was accepted that regarding occurrence of theft of the vehicle bearing No. RJ 29 UA 0159 two FIRs have been registered. 4. I have considered rival submissions of the parties have scanned the matter carefully. 5. In view of facts come out on record, I am of the view that second FIR in respect of the same offence cannot be allowed to proceed. The second FIR has been registered for the reason that vehicle was found within the jurisdiction of Police Station -Nadoti however when petitioner had already been tried for the same offence under FIR No. 190/2008 registered at Police Station - Manpur, District - Dausa, second FIR and charge sheet filed pursuant to same vehicle qua him cannot be allowed to stand. 6. Accordingly, this petition is allowed. The FIR No. 143/2008 registered at Police Station - Nadoti, District - Karauli and charge sheet filed thereunder qua petitioner are quashed and set aside. 6. Accordingly, this petition is allowed. The FIR No. 143/2008 registered at Police Station - Nadoti, District - Karauli and charge sheet filed thereunder qua petitioner are quashed and set aside. The effect of the order would be that petitioner having tried earlier in regard to same offence/ occurrence would not be tried again.Petition Allowed. *******