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RAJEEV RANJAN PRASAD
Shankar Kushwaha @ Shankar Kumar Biswas – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. P.K. Shahi, learned senior counsel assisted by Mr. Ranjeet Kumar, learned Advocate for the petitioners in Cr.W.J.C. No. 1850 of 2019 and Mr. Nasrul Huda Khan, learned SC-1 for the State. Mr. Sunil Kumar Pathak, learned Advocate has argued on behalf of the informant.
2. Also heard Mr. Sanjay Kumar, learned counsel for the petitioner in Cr.W.J.C. No. 14 of 2021 for the petitioner and Mr. Saroj Kumar Sharma, learned AC to AAG-3 for the State.
3. Since both the writ applications have been heard together with consent of learned counsel for the parties, this Court is disposing of the same by this common order.
Cr.W.J.C . No.1850 of 2019 (Shankar Kushwaha @ Shankar Kumar Biswas and others vs. State of Bihar and Anr.)
4. In this writ application the petitioners are praying for quashing of the First Information Report being K. Hat (Sahayak) P.S. Case No. 294 of 2019 dated 02.05.2019 registered for the offences under Sections 147, 148, 149, 341, 323, 325 & 307 of the Indian Penal Code, Section 302 I.P.C. has been added subsequently.
5. It is the case of the petitioners that at the instance of the injured (since deceased) one First Information Report giving rise
An FIR cannot be quashed as a second FIR if it follows an initial report of death, and the court cannot intervene post cognizance without pending matters.
A second FIR with respect to the same offence/occurrence/incident is not maintainable and constitutes an abuse of the process of law.
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