IMPORTANT POINT
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.

JUDGMENT :

1. We have heard Shri Abhishek Srivastava, counsel for the petitioners at length and the learned A.G.A. who appears for the State-respondents and Shri Manoj Kumar Singh, the counsel appearing for the informant, the sitting MLA of Mahasi Constituency, Bahraich.

2. Since both writ petitions arise out of same F.I.R. they are being dealt with by a common order.

3. It is the case of the petitioner-Pundrik Kumar Pandey @ Pundrik Pandey, that the Opposite party no.4, the sitting MLA has been representing Mahasi Constituency for the past 15 years and the applicant-Pundrik Kumar Pandey @ Pundrik Pandey, was earlier working as a Journalist and he used to write against the Opposite party no.4, as a result whereof the Opposite party no.4 became inimical to the petitioner. The petitioner is currently posted as a Teacher in Government Primary School, U.P.S. Chaugoi, Block-Jamuha, District Shravasti, and the deceased Ram Gopal Mishra was the cousin brother-in-law of the petitioner and for this reason the petitioner went along with the dead body of Ram Gopal Mishra to the Dharna site near the Medical College. He wanted to only accompany the body when it was being taken for post mortem. However, more than 5000 people had gathered near the dead body and they were protesting. Since Opposite party no.4 is an influential person he has engineered the lodging of the impugned F.I.R. to settle his personal grudge against the petitioner under Sections 191(2), 191(3), 3(5), 109(1), 324(2), 351(3), 352 & 125 of the B.N.S.

4. The F.I.R. was lodged after eight days of the incident and it is pre-meditated and delayed and lodged after much deliberation. The petitioner has a gun license and the Respondent no.4 wants to get such license cancelled, therefore, a false allegation has been made in the F.I.R. that a shot was fired in air.

5. The Counsel appearing on behalf of the applicants/ petitioners namely Arpit Srivastava, Anuj Kumar Singh @ Anuj Singh Raikwar, Shubham Kumar @ Shubham Mishra in Criminal Misc. Writ Petition No.8254 of 2024 regarding challenge being raised to the same F.I.R. has argued before this Court that the Opposite party no.4, sitting MLA of Mahasi Constituency had lodged the impugned F.I.R. on 18.10.2024 under Sections 191(2), 191(3), 3(5), 109(1), 324(2), 351(3), 352 & 125 of the B.N.S. 2023 at Police Station Kotwali Nagar, District Bahraich, against seven named accused persons namely Arpit Srivastava, Petitioner no.1; Anuj Kumar Singh @ Anuj Singh Raikwar, Petitioner no.2; Shubham Kumar @ Shubham Mishra, Petitioner no.3; Kushmendra Chaudhary, Manish Chandra Shukla, Pundarik Pandey and Subhanshu Singh Rana and some unknown persons in relation to an alleged incident that took place on 13.10.2024. In the F.I.R., the allegation was that the petitioners as well as other co-accused along with several other persons had made it difficult for the Police and the District Administration in getting the dead body of Ram Gopal Mishra to the mortuary and created a ruckus which led to firing of a gun shot in the air and also of smashing of the wind screen of vehicle of the Respondent no.4.

6. It has been submitted that the impugned F.I.R. is the second F.I.R. in relation to the same incident as Shri Dinesh Kumar Pandey, Inspector Incharge of Police Station Kotwali Nagar, District Bahraich, had earlier lodged F.I.R. No.0346 of 2024 on 15.10.2024 under Sections 191(2), 191(3), 3(5), 190, 131, 115(2), 352, 351(3), 125, 326(g), 326(f), 3(5), 121(1) of the B.N.S. 2023 & Criminal Law Amendment Act, 1932 at 09:11 AM at Police Station Kotwali Nagar, District Bahraich, wherein similar facts have been mentioned. It has been submitted that the Petitioner no.1 is a social worker and Nagar Adhyaksh of the Bhartiya Janta Yuva Morcha, Bahraich since 16.09.2021, and he is pursing his career in politics. Petitioner no.2 is also a social worker and a farmer and Petitioner no.3 is a Graduate and presently working in a private Construction Company. The impugned F.I.R