The subsequent FIR for the same set of occurrence was not sustainable in law and was quashed, in accordance with the provisions of the Code of Criminal Procedure and the proposition of law laid down by the Apex Court.

( 1 ) THE petitioners herein have preferred this petition under Section 482 cr. P. C. for quashing the F. I. R. of Chauparan p. S, Case No. 85/2005 lodged on 22-5-2005 corresponding to G. R. No. 1347/05 arising out of the said police case pending in the court of C. J. M. , Hazaribagh.

( 2 ) THE brief fact of the case, as is evident from the statement of the informant Abdul rauf presented before the Chauparan Police in Chauparan P. S. Case No. 85/05 is that two persons namely Md. Usman and Md. Suleman alias Sule were forcibly taken by as many as 18 named accused persons and few others, variously armed with deadly weapons, such as sticks, rods and axes. Both the persons were tied in a pole of electric transformer, situated near the house of one Bhikhari Rana and were assaulted by fists and slaps by the named accused and others. In the meantime, one Uma Shankar akela of Chauparan arrived at the place of occurrence who also assaulted them with kicks and abetted the villagers, who were present there, to commit their murder. On such abetment the accused persons started assaulting them indiscriminately with sticks, rods and axe, as a result of which the victim md. Usman sustained grievous injuries and became unconscious. The another victim md. Suleman alias Sule also sustained grievous injury. In the meantime, Chauparan Police arrived at the place of occurrence, attempted to take the victims in their custody in spite of resistance made by the accused and only on the arrival of the Senior Police officer with the Additional Police Force, both the victims were removed to Chauparan for their better treatment but the injured Md. Usman succumbed his injury. It was alleged that all the named accused persons with the intention to commit murder assaulted Md. Usman and Md. Suleman alias Sule which resulted into death of Md. Usman.

( 3 ) LEARNED Counsel for the petitioner pointed out that the informant of Chauparan p. S. Case No. 85/05 Md. Abdul Rauf presented his written report to the Chauparan police on 22-5-05 for the occurrence which took place on 21-5-2005 at 11. 30 a. m. , the f. I. R. was registered on 22-5-2005 and it was sent to the C. J. M. , Hazaribagh which was received on 24-5-2005.

( 4 ) HE further submitted that prior to the chauparan P. S. Case No. 85/05, the police had registered Chauparan P. S. Case No. 84/05 on 21-5-2005 at 16. 30 hours with respect to the same set of occurrence for the offence under Ss. 147, 342, 353, 504, 120b i. P. C. in which actual fact was narrated in the self statement of the informant Gajanand singh, Sub-Inspector of Police, posted at chauparan Police Station that when he received the information at about 12. 30 hours on 21-5-05 that two thieves were appre-hended by the villagers and were being brutally assaulted by them, he along with Police force came to village Amjhar and found the information true. When he attempted to remove both the victims Md. Usman and Md. Suleman @ Sule, his act was resisted by 4 named accused persons of village Amjhar on the explanation that these two victims had committed murder of their father Nathu yadav by cutting his neck and suspicion was raised also against Abdui Rauf, an informant of Chauparan P. S. Case No. 85/05, about his complicity in the said murder and that Abdul rauf could not be arrested till date by the police. It was further stated that after some time one Uma Shankar Akela, a leader of samajwadi Party also arrived there who tried to pacify the villagers but of no avail and on the information given to the Senior Police officer on cell phone, thelocal Block Development officer, S. D. O. and S. D. P. O. arrived at the scene and took both the victims in their custody. The victims were removed to chauparan where no doctor was available and after some time the victim Md. Usman succumbed his injury and the another Md. Suleman was removed to the local Lifeline hospital and from there he was taken to sadar Hospital, Hazaribagh for better treatment. The c