IMPORTANT POINT
There can be no second FIR in event of any further information being received by investigating agency in respect of same occurrence or incident.

Judgment

V. Gopala Gowda, J.

Leave granted.

2. This criminal appeal is directed against the impugned judgment and order dated 14.10.2014 passed by the High Court of Judicature at Patna in Crl. Misc. No.13700 of 2014 whereby it has refused to interfere with the impugned orders therein. Both the appellants filed application under Section 239 of Code of Criminal Procedure, 1973 (for short the “Cr.P.C.”) before the learned Judicial Magistrate of first class, Kishanganj in relation to FIR No. 183 of 2008. The same was dismissed on the ground of being devoid of merit vide order dated 04.12.2013. The Court of Sessions, Purnea, in revision petition, has upheld the decision of the learned Judicial Magistrate of first class which has further upheld by the High Court. The correctness of the said order is challenged in this appeal urging various grounds.

3. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:-

On 04.05.2008 FIR no. 111 of 2008 (for short the “first FIR”) was registered at Kishanganj police station against both the appellants along with other persons for the offences punishable under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act, 1956 (in short “the Act”) on a written complaint made by Sub Divisional Police Officer Ravish Kumar, Kishanganj, Bihar. The allegation made therein was that on the telephonic information received from SDPO Phulwari sharif, Patna regarding the confinement of a minor girl Rubana Khatun, aged about 16 years, in red light area of Khagaria for the purpose of carrying out the flesh trade, the raiding party of police authorities conducted a raid in the house of Sisa Khalifa. In the course of such raid, the raiding party found six couples in objectionable position in six different rooms. Along with others the appellant no. 1 (Akhilesh Kumar Jha) and appellant no.2 (Ajit Prasad) were also arrested in the course of the raid and they were booked for offences punishable under Sections 3,4,5,6 and 7 of the Act.

4. The first FIR was investigated by the investigating officer and the report under Section 173 of Cr.P.C. was filed before the Chief Judicial Magistrate (for short “CJM”) for taking cognizance of the offences alleged against them. The learned CJM, Kishanganj took cognizance of the alleged offences vide his order dated 06.08.2008.

5. In the meantime, both the appellants moved applications for grant of bail. It is alleged that in those bail applications both the appellants furnished wrong information regarding their names, father’s name and address.

6. On the written complaint of Shri Arvind Kumar Singh, the Inspector of Police, Kishanganj police station another FIR No. 183 of 2008 (hereinafter referred to as the “second FIR”) dated 03.07.2008 was registered against both the appellants for the offences punishable under Sections 419 and 420 of Indian Penal Code, 1860 (for short “IPC”). The allegations made therein were that both the appellants furnished wrong information to the investigating officer regarding their names, father’s name and address during the course of investigation made on the first FIR and also in the bail applications filed by them before the learned CJM in the case arising out of first FIR.

7. The second FIR was investigated by the investigating officer and a report under Section 173 of Cr.P.C. was filed before CJM, Kishanganj for taking cognizance of the offences alleged against the appellants. The learned CJM took cognizance of the alleged offences vide order dated 11.09.2008.

8. The appellants filed revision petitions before the Additional Sessions Judge, Purnea against the first order of cognizance dated 06.08.2008, passed by CJM, Kishanganj. The learned Additional Sessions Judge, Purnea vide order dated 18.12.2010 has set aside the said order of cognizance passed by CJM, Kishanganj holding that no offence under Sections 3,4,5,6 and 7 of the Act as alleged in the first FIR is made out against the appellants.

9. The