Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for he State.
(2.) PETITIONERS have filed this application for quashing the FIR in Pakur (M) P.S. Case No. 144 of 2011 corresponding to G.R. No. 364 of 2011, for the offences under Sections 147, 148, 337, 427, 436, 307, 353, 109, 149 of the IPC. From the FIR, which has been lodged on the basis of the self statement of a police officer, it appears that the police officer lodging the FIR, was informed that an unruly mob had attacked Tilbhita Railway Station and were committing mischief, whereupon, the police party proceeded towards the place of occurrence. When they reached near the place of occurrence, they saw the mob of about four to five hundred persons and upon seeing the police party, they attacked the police party, committed mischief with them and also burnt the police Jeep. With this allegation only, the FIR was instituted against the petitioners and the other accused persons in Pakur (M) P.S. Case No. 144 of 2011, corresponding to G.R. No. 364 of 2011 and investigation was taken up.
(3.) ACCORDING to the petitioners' case, this is the second FIR relating to the same occurrence and accordingly, this FIR is fit to be quashed. The first FIR is Rail Barharwa P.S. Case No. 05 of 2011, which was instituted for the offences under Sections 143, 427, 504, 337 and 353 of the Indian Penal Code and Section 174 of the Railway Act. The said FIR has been brought on record as Annexure -2 to this application. From perusal of this FIR, it appears that Rail Barharwa P.S. Case No. 05 of 2011 was instituted, on the basis of information given by the Station Master of Tilbhita Railway Station, stating that one lady was hit by one goods train, causing her death at the spot. Thereafter, the mob came to the railway station and they committed mischief and they also assaulted the railway officials and the RPF personnel, causing injuries to them. On this information, Rail Barharwa P.S. Case No. 5 of 2011 was instituted, in which also the petitioners have been made accused.;