Back
ANSHUMAN
Ashok Rajak – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned counsel for the petitioners and learned counsel for the State.
2. The present case has been filed for quashing of F.I.R. in connection with Lakhisarai P.S. Case No. 782 of 2018 (G.R. No. 1838 of 2018) dated 01.12.2018 under section 409/34 of Indian Penal Code.
3. Learned counsel for the petitioners submits that an F.I.R. bearing Lakhisarai P.S. Case No. 316 of 2010 has been filed under section 467, 468, 471, 406, 409, 420 and 34 of the Indian Penal Code against four named accused persons other than the petitioners. He further submits that the matter substantially in issue of Lakhisarai P.S. Case No. 316 of 2010 and Lakhisarai P.S. Case No. 782 of 2018 are identical and therefore, no separate F.I.R. should continue and, as such, the Lakhisarai P.S. Case No. 782 of 2018 be quashed against the present petitioners.
4. Learned counsel for the State submits that a counter affidavit has been filed on behalf of respondent no. 4, in which it has been mentioned that the matters and allegations of two cases are different. He further submits that nature and mode of crimes are also different. He also submits that in Lakhisarai P.S. Case No. 316 of 2010, accused per
Subsequent F.I.R. lodged for the same occurrence cannot be sustained, and it is an abuse of process of law to allow two separate proceedings for the same occurrence.
The court emphasized that quashing of criminal proceedings should be an exception rather than a rule, and should only be done in exceptional cases where non-interference would result in a miscarriage....
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
