IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14405 of 2008
INDU BHUSHAN TIWARI & ORS
Versus
STATE OF BIHAR
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2. 19.01.2011. The petitioners have filed the
application for quashing the order dated
01.03.2008 passed by the learned Sessions Judge,
Ara, Bhojpur, in Cr. Rev. No. 26 of 2008 whereby
and whereunder the learned Sessions Judge, Ara,
Bhojpur, was pleased to refuse to interfere with
the order dated 29.01.2008 passed by the learned
J.M.Ist Class, Bhojpur, Ara, in Case No. 1052C
of 2006, Trial No. 2643 of 2007 by which the
discharge application of the petitioners was
rejected.
The complaint case was filed on
26.07.2006 for the alleged occurrence of
08.07.2006 when the assault was alleged against
the accused persons and also for the occurrence
of 24.07.2006 when the theft has been alleged.
The petitioners raised the contention
before the learned court below that for two
occurrence on two different dates and on two
different places, one F.I.R. was not
maintainable.
The application of the petitioners was
2
rejected by the learned court below by taking
shelter of the provisions of Sections 219 and
220 Cr. P. C.
Section 219 Cr. P. C. envisages framing
of the charges of the three offences of the same
kind within a year whereas Section 220 Cr. P. C.
envisages trial for more than one offence- If,
in one series of acts so connected together as
to form the same transaction, more offences than
one are committed by the same person, he may be
charged with, and tried at one trial for every
such offence.
It appears that Sections 219 and 220 Cr.
P. C. do not envisage the eventualities of
registration of one F.I.R. for two different
offences on two different dates.
Considering the aforesaid submissions,
let the notices be issued to opposite party no.2
under registered cover with A/D as well as
ordinary process requisites for which must be
filed within two weeks.
In the meantime, further proceedings of
complaint case no. 1052C of 2006, Trial No. 2643
of 2007 pending in the court of the learned J.M.
Ist Class, Ara, Bhojpur, is stayed.
A supplementary affidavit has been filed
3
to the effect that the charges still have not
been framed in the matter.
U.K. (Dinesh Kumar Singh,J.)
