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2023 Supreme(All) 359

ANJANI KUMAR MISHRA, NAND PRABHA SHUKLA
Raj Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ashutosh Upadhyay.
For the Respondents: Om Prakash Vishwakarma, Vinod Kumar Yadav.

JUDGMENT :

NAND PRABHA SHUKLA, J.

1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

2. In the instant writ petition the petitioners seek to challenge the First Information Report dated 30.01.2022 arising out of Case Crime No. 0025 of 2022, under Sections 147, 148, 307, 308, 325, 395, 452, 506, 120-B IPC, Police Station-Sikrara, District-Jaunpur.

3. The main contention of learned counsel for the petitioners is that there are two FIRs registered for the same incident. Petitioners are named accused in the impugned FIR and are, therefore, aggrieved.

4. Per contra, learned A.G.A. for the State pointed out that for the same occurrence two FIRs have been registered: (i) the first FIR dated 22.08.2020, arising out of Case Crime No. 0170 of 2020, under Sections 323, 504, 506 IPC, Police Station Sikrara, District Jaunpur was lodged by Suraj Kumar (son of respondent no. 3) against four persons (ii) another FIR dated 30.01.2022, arising out of Case Crime No. 0025 of 2022, under Sections 147, 148, 307, 308, 325, 395, 452, 506, 120B IPC, Police Station Sikrara, District Jaunpur was lodged by respondent no. 3 against 14 named accused persons on the basi

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