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Indu Bhushan Tiwari &Amp; Ors vs State Of Bihar on 19 January, 2011

Patna High Court – Orders
Indu Bhushan Tiwari &Amp; Ors vs State Of Bihar on 19 January, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.14405 of 2008
                                  INDU BHUSHAN TIWARI & ORS
                                                 Versus
                                           STATE OF BIHAR
                                             -----------

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.)
 

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