Point of Law: Rioting - Permissibility of second FIR - No person shall be prosecuted and punished for the same offence more than once

JUDGMENT :

1. Vide order dated 04.09.2019, this Court passed the following orders:-

“Vakalatnama filed by Sri Umesh Singh, Advocate, on behalf of opposite party no. 2, is taken on record.

Heard learned counsel for the appellant, learned counsel for opposite party as well as learned A.G.A. appearing for the State, pertaining to the prayer of bail of the appellant.

10.07.2018 and This criminal appeal has been filed by the appellant under Section 14A (1) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to quash the summoning order charge sheet dated 28.03.2018, in S.T. No. 270/2018, pending before the Court of Special Judge, SC/ST Act, Lucknow on the basis of F.I.R. lodged by the opposite party no. 2 at Police Station Charbagh, District Lucknow, which is registered as Case Crime No. 614/2017, under Section 147/323/504 I.P.C. and 3(1)(Da & (Dha) and 2(V)(Ka) of SC/ST Act.

It is submitted by learned counsel for the appellant that opposite party no. 2 initially had lodged the F.I.R. registered as case crime No. 0162/2017, Police Station Mahila Thana, District Lucknow, under Sections 147, 323 and 504 I.P.C. in which charge sheet has been filed and the petitioner has been enlarged on bail. Thereafter opposite party no. 2 maliciously lodged the second F.I.R. for the same incident which was registered as case crime No. 0614/2017, Police Station G.R.P. Charbagh, under Section 147/323/504 I.P.C., and Section 3(1)(Da and Dha) and 2(V)(Ka) of SC/ST Act.

It is contended on behalf of the appellant that from the perusal of both the first information reports, the second F.I.R. has been lodged by the complainant only to harass the appellant and false accusation under S.C. and S.T. Act has been levelled. It is next contended that the petitioner is already facing trial in the Court of Special C.J.M., (A.P), Lucknow for the same incident, therefore, the second F.I.R. for the same incident she cannot be compelled to face the second trial and in this regard the petitioner counsel has relied on the judgment of Hon'ble Supreme Court reported in "2001 (6) SCC 181 T.T. Antony Vs. State of Kerala and others", wherein the Hon'ble Court has held that the second F.I.R. for the same incident is not permissible and consequently the investigation made pursuant thereto has no legal consequences and was pleased to quashed the second F.I.R. In view of the above, the proceedings of Case Crime No. 614/2017, under Section 147/323/504 I.P.C. and 3(1)(Da & (Dha) and 2(V)(Ka) of SC/ST Act, Police Station G.R.P. Charbagh, District Lucknow pending before the Court of Special Judge, SC/ST Act, Lucknow, shall remain stayed till the next date of listing.

Learned counsel for opposite party no. 2 prays for and is granted four weeks time to file counter affidavit.

Rejoinder, if any, may be filed within two week's thereafter.

List on 24.10.2019.”

2. After 04.09.2019, the case was fixed on 2.7.2019, on that date, the case was ordered to be listed for today i.e. 26.07.2021.

3. Case called out. Only learned counsel for appellant as well as learned A.G.A. is present for the State. No one has put in appearance on behalf of the opposite party no. 2.

4. Heard learned counsel for appellant, learned A.G.A. for the State and perused the material available on record.

5. This appeal has been preferred under Section 14 (A) (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against impugned summoning order dated10.7.2018 passed by learned Special Judge, (SC/ST Act), Lucknow in S.T. No. 270 of 2018 arising out of Case Crime No. 614 of 2018, under Sections 147, 323, 504 IPC and Section 3 (1) (DA & Dha) and Section 3 (2) (V) (Ka) of SC/ST Act as well as charge sheet dated 28.03.2018 submitted by the police in the aforesaid case crime number.

6. The main contention of learned counsel for the petitioner is that earlier an FIR was lodged against the appellant and six other persons in Mahila Thana on 08.11.2017 as Case Crime No. 162 of 2017, under S