MOHAMMAD RAFIQ,J. - (1.) This petition has been filed by the petitioner-Tej Singh inter alia with the prayer that the charge sheet no.96 filed by Weir police in FIR No. 117/2014 for offence under Sections 379 and 485 IPC and the order of cognizance dated 17.12.2015 on that basis passed by the learned Civil Judge and Judicial Magistrate Weir, District Bharatpur in criminal appeal no. 694/2015 be quashed and set aside.
(2.) Shri Rajeev Bhushan Bansal, learned counsel for the petitioner submitted that the charge sheet was earlier filed by Police Station Pratap Nagar, Jaipur in FIR No. 12/2013 dated 3.1.2015 for offence under section 379 IPC and 485 IPC lodged by owner of the vehicle. The allegation in that FIR/charge sheet was with regard to the theft of motorcycle of Hero Honda make having registration no. RJ 14 XS 4286. Subsequently, the FIR no. 117/2014 with regard to theft of the same motorcycle was registered with Police Station Weir at the instance of police themselves in which allegation was also with regard to theft and receiving stolen motorcycle of the same registration number.
(3.) Learned counsel for the petitioner submitted that the petitioner cannot be tried for one offence twice in two different courts. Even otherwise two FIRs on the same allegation cannot be registered and investigated into.;