- (1.) BY Court - Heard learned counsel for the petitioner and learned A.P.P. for the State, as also learned counsel for the respondent No.2, who has appeared upon notice.
(2.) THIS writ petition has been filed for quashing the entire criminal proceeding against the petitioner in Mandu (Kuju) P.S. Case No. 128 of 2004 corresponding to G.R. No. 854 of 2004 for 'the offence under Sections 448, 386, 323 and 34 of the Indian Penal Code, which is presently pending in ,the Court of Chief Judicial Magistrate, Hazaribagh. A very short point has been taken for quashing the said criminal proceeding and it is submitted that from perusal of the F.I.R., it would appear that FIR was' instituted on 7.4.2004, whereas for the same occurrence earlier Complaint Case No. 44 of 2004 was filed before the Court of Chief Judicial Magistrate, Hazaribagh, by the same complainant against the same accused persons on 23.1.2004, which also relates to the same occurrence.
(3.) LEARNED counsel for the petitioner has submitted that the proceeding in the Complaint Case No. 44 of 2004 is at the verge of conclusion so far as this petitioner is concerned. It is submitted that institution of subsequent police case for the same occurrence cannot be sustained in the eyes of law and the same is liable to' be quashed.;