RANCHI, India, Jan. 24 -- Jharkhand High Court issued the following order on Dec. 23:
1. Heard the parties.
2. Though notice has validly been served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding along with the First Information Report in connection with Madhuban P.S. Case No. 68 of 2022 on the ground that the same is the second First Information Report in respect of which Madhuban P.S. Case No. 66 of 2022 has been registered.
4. The brief fact of the case is that the petitioner along with the coaccused persons being member of an unlawful assembly, armed with deadly weapons, caused explosion by using explosive substances illegally, set fire to the shop of the informant and being not members of Scheduled Castes and Scheduled Tribes intentionally, insulted and intimidated the informant and his associates who are the members of the Scheduled Castes, in a place within public view and abused them by their caste name. The occurrence took place at 11:00 A.M. on 07.11.2022 in respect of which Madhuban P.S. Case No. 66 of 2022 was instituted on the basis of the written report submitted by the informant-owner of the shop namely Dilu Paswan. Madhuban P.S. Case No. 68 of 2022 was instituted on the basis of the written report submitted by the informant of the said case who is the maternal uncle of the informant of Madhuban P.S. Case No. 66 of 2022 and therein the allegations made by the informant is that as the informant reached the place of occurrence on getting information that the shop of his nephew has been set on fire, the petitioners and the co-accused persons of the case abused him, insulted him and fired upon him from gun and revolver and also abused him by his caste name.
5. It is submitted by the learned counsel for the petitioner, relying upon the Judgment of the Hon'ble Supreme Court of India in the case of T.T. Antony v. State of Kerala & Others reported in (2001) 6 SCC 181 paragraph-27 of which reads as under:-
"27. A just balance between the fundamental rights of the citizens under Articles 19 and 21 of the Constitution and the expansive power of the police to investigate a cognizable offence has to be struck by the court. There cannot be any controversy that sub-section (8) of Section 173 CrPC empowers the police to make further investigation, obtain further evidence (both oral and documentary) and forward a further report or reports to the Magistrate. In Narang case [(1979) 2 SCC 322 : 1979 SCC (Cri) 479] it was, however, observed that it would be appropriate to conduct further investigation with the permission of the court. However, the sweeping power of investigation does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIRs whether before or after filing the final report under Section 173(2) CrPC.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLUlG0EusFiKbCwejsihene1AqA5PhyEQaf50JnK3qR3&caseno=Cr.M.P./389/2024&cCode=1&cino=JHHC010053552024&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
