Nisha Gupta, J. - (1.) This petition under Section 482 has been filed for quashing FIR No. 54/2013 registered at Police Station Sambhar, Distt. Jaipur Rural for offence under Section 143, 283 IPC.
(2.) The contention of the present petitioners is that on the same allegations, FIR No. 53/2013 has been registered and it is under investigation. On the same facts, this second FIR has been lodged and this is settled proposition of law that a second FIR cannot be allowed to be continued, hence the impugned FIR be quashed. Per contra, the contention of the Public Prosecutor is that both FIRs are on different grounds and Investigation Officer, Mr. Laptmi Kant Sharma, Cl SHO, Sambhar Lake, Jaipur Gramin, is also present in person.
(3.) A bare reading of two FIR of 53/2013 and 54/2013 reveals that it contains that present petitioners on 29.3.2013 after 12.45 PM till 2.20 PM have obstructed the public path. The contention of the Public Prosecutor is that they have obstructed the public path on two spots, hence two FIRs have been lodged, is not acceptable. In series of sequence, if on two places both have been blocked, it will be treated a series of act for which only one FIR is competent and counsel for the petitioners has relied upon Amitbhai Anilchandra Shah v. The Central Bureau of Investigation, JT 2013 (4) SC 333 , wherein it was held that second FIR is impermissible: "This Court has consistently laid down the law on the issue interpreting the Code, that a second FIR in respect of an offence or different offences committed in the course of the same transaction is not only impermissible but it violates Article 21 of the Constitution.";