Mrs. Sabina, J.

1. Petitioner has filed this petition under Section 482 Code of Criminal Procedure, 1973 challenging the orders dated 9.10.2015 and 24.6.2016.

2. Learned counsel for the petitioner has submitted that F.I.R. No. 419 dated 8.7.2009 was registered against the petitioner at Police Station Vaishali Nagar, Jaipur City (South) under Section 379 Indian Penal Code, 1860 with regard to theft of vehicle bearing registration No. UP-16-V-9546. Challan was presented against the petitioner and charge has been framed against the petitioner for offence under Section 379 Indian Penal Code, 1860. With regard to the same vehicle another F.I.R. was registered against the petitioner bearing No. 124 dated 25.11.2009 at Police Station Nechhwa, District Sikar under Section 411 Indian Penal Code, 1860. With regard to the same vehicle, petitioner could not be proceeded in two criminal cases. Hence, petitioner was liable to be discharged in the later F.I.R. registered under Section 411 Indian Penal Code, 1860.

3. Learned State Counsel has opposed the petition but has failed to controvert the factual aspect that both the F.I.R's have been registered against the petitioner with regard to the same vehicle.

4. F.I.R. under Section 379 Indian Penal Code, 1860 was registered against the petitioner with regard to vehicle bearing registration No. UP-16-V-9546 bearing Chasis No. MAIPL2GBK92A70044 and Engine No. GB84M54457. Charge has been framed against the petitioner in the said case under Section 379 Indian Penal Code, 1860 on 18.2.2015 after presentation of challan. A perusal of Annexure-4 reveals that F.I.R. No. 124 dated 25.11.2009 was registered at Police Station Nechhwa, District Sikar under Section 411 Indian Penal Code, 1860 with regard to vehicle bearing Chasis No. MAIPL2GBK92A70044 and Engine No. GB84M54457. Charge was ordered to be framed against the petitioner under Section 411 Indian Penal Code, 1860 by the trial court after presentation of challan on 9.10.2015.

5. Since, the petitioner was already facing criminal proceedings with regard to theft of the vehicle in question under Section 379 Indian Penal Code, 1860, he could not be tried in second the F.I.R. under Section 411 Indian Penal Code, 1860 with regard to the same vehicle as it would amount to double jeopardy.

6. Hence, this petition is allowed. Impugned orders are set aside. Consequently, petitioner is ordered to be discharged in F.I.R. No. 124 dated 25.11.2009 registered at Police Station Nechhwa, District Sikar under Section 411 Indian Penal Code, 1860.