PARTEEK BANSAL Vs. STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY TO GOVERNMENT OF RAJASTHAN
LAWS(RAJ)-2017-3-111
HIGH COURT OF RAJASTHAN
Decided on March 06,2017

Parteek Bansal Appellant
VERSUS
State Of Rajasthan Through Principal Secretary To Government Of Rajasthan Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) This criminal misc. petition under section 482 Cr.P.C , 1973has been filed by the petitioner with a prayer for quashing the FIR No. 156/2015 lodged on 01.11.2015 at Women Police Station, Udaipur for the offences punishable under sections 498A, 406, 384, 420 and 120-B IPC.
(2.) The main ground raised in this petition for quashing the impugned FIR is that before registration of the impugned FIR, an FIR was already registered against the petitioner at Women Police Station, Hisar, Haryana on the same complaint filed by respondent No. 2, who happened to be the father of respondent No. 3.
(3.) It is averred in the petition that the earlier complaint filed by respondent No. 2 before the Superintendent of Police, District Hisar is verbatim of the complaint filed before the Women Police Station, Udaipur resulted in the lodgment of the impugned FIR. It is also averred that in the FIR No. 19/2015 of Women Police Station, Hisar, Haryana, the police has already concluded the investigation and filed charge-sheet against the petitioner in the Court of Judicial Magistrate, First Class, Hisar, Haryana and the said court after taking cognizance against the petitioner for the offence punishable under section 498A IPC has framed charge for the aforesaid offence and some prosecution witnesses have also been examined. It is further averred in the petition that it is settled principle of law that there cannot be two FIRs in relation to the same incident and when the FIR was already registered against accused-person for the same incident at Police Station, Hisar, Haryana, the second FIR is not maintainable and is liable to be quashed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.