A second complaint on identical facts is not maintainable unless exceptional circumstances exist, as established in prior case law.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard the learned counsel appearing on behalf of the petitioners, the learned counsel appearing on behalf of the respondent State as well as the learned counsel appearing on behalf of the respondent no.2.

2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 27.05.2023 whereby the learned court has been pleased to take cognizance under section 323 and 379 of the IPC arising out of Complaint Case No.1656 of 2019, pending in the court of learned Judicial Magistrate, First Class, Giridih.

3. The present complaint case has been filed alleging therein that the mother of the complainant has purchased a land of total area 2 acres 80 decimals through a registered sale deed on 28.12.2018 from Jabir Ali Ansari in Khata No.36, Plot no.222 and total Rakba is 121 decimals. The complainant was in peaceful possession of the aforesaid land in which Asbestos House has been constructed. The accused persons on the date of occurrence i.e. on 19.7.2019 at 4 O’ Clock has demolished the wall of the house and have tried to take away some of the building materials worth Rs.92,000/-. The mother of the complainant and other witnesses opposed the same and during the quarrel, the accused persons have beaten the mother of the complainant and they have torn her blouse and saree and have also snatched Hasuli of one of the witness namely Julekha Khatoon and has also snatched Rs.4000/-and finally they have taken everything. While running away they have also cut the trees which they have taken with them. They were also asking Rangdari Tax of Rs.50,000/-for the construction of house. Based on the aforesaid allegation, complaint was lodged vide Complaint Case No.1656 of 2019 under various sections of Indian Penal Code.

4. Learned counsel appearing on behalf of the petitioners submits that for the same allegation two cases have been lodged. He submits that prior to lodging of the present complaint, the Complaint Case No.430 of 2019 was filed against the petitioners for the same allegation which was sent by the learned court under section 156(3) Cr. P.C. and pursuant to that police has registered the same being Dhanwar P.S. Case No.82 of 2019 and the final form has been submitted saying that this case is civil in nature. He submits that in the earlier case the learned court has been pleased to issue notice upon the respondent no.2 and notice was served and the respondent no.2 has chosen not to appear before the learned court and he has also not filed any protest petition. He submits that it appears that during pendency of the earlier complaint, present complaint has been filed which is registered as Complaint Case No.1656 of 2019 and thereafter the learned court has been pleased to take cognizance. He submits that in the present complaint also the filing of the earlier case has been suppressed and in view of that the entire proceeding is malicious in nature. According to him, once the final form is submitted, the respondent no.2 is having option either to appear before the learned court or file protest petition or not to appear; he has chosen the later action as inspite of the notice, the respondent no.2 has not appeared before the learned court and the learned court has accepted the final form and as such, the finality has taken place with regard to the issue in question. On this ground, he submits that the entire criminal proceeding may kindly be quashed so far as the present complaint is concerned.

5. Learned counsel for the respondent State submits that in the earlier case the police has submitted final form saying the case of civil in nature, however, from the year of filing of the second complaint, it transpires that during pendency of earlier case, the present complaint has been lodged as the final form was submitted in the year 2021. He submits that filing of the earlier case is suppressed in the present case, which is under challenge in the present writ