(A.M. Khanwilkar and Sanjiv Khanna, JJ.)
State of Bihar and Others _________________________ Appellant(s);
v.
Anil Singh @ Anil Kumar Singh and Others _________ Respondent(s).
Criminal Appeal Nos. 660 of 2021 (Arising out of SLP (Crl.) No. 4127 of 2019), decided on July 22, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard counsel for the parties.
3. This appeal takes exception to the judgment and order dated 31.08.2018 in Criminal Writ Jurisdiction Case No. 1226 of 2018 passed by the High Court of judicature at Patna, whereby the multiple First Information Reports (FIRs) have been quashed, being FIRs registered at Aurangabad, P.S. bearing P.S. Case Nos. 97/2018, 98/2018, 99/2018, 100/2018, 101/2018 and 102/2018 on the finding that these multiple FIRs pertain to the same incident and, therefore, should not have been registered. Investigation by the police was allowed to continue.
4. When the matter was brought before this Court, the Court while issuing notice stayed the impugned judgment and order, which enabled the Investigating Agency to proceed with the inquiry/investigation in respect of concerned FIRs, who, in turn, on the basis of material collated during the investigation have filed police report under Section 173 of Code of Criminal Procedure before the Court.
5. It is not in dispute that after filing of the police report(s), the concerned Court has also taken cognizance of the offences and summoned the accused.
6. In light of this development, it may not be appropriate to examine the correctness of the view taken by the High Court in the present appeal. Instead, we would give liberty to the respondents/accused to apply/argue for discharge before the concerned Court, if so advised. All contentions available in respect of that relief will have to be considered by the concerned Court on its own merits in accordance with law without being influenced by any observation made by the High Court in the impugned judgment, which we hereby set aside in terms of this order.
7. Needless to observe that in the application for discharge, it will be open to the respondents/accused to urge the grounds taken by them before the High Court and referred to in the impugned judgment which, as aforesaid, will have to be considered on its own merits and in accordance with law uninfluenced by the observations made in the impugned judgment.
8. In addition, it will be open to the respondents/accused to apply to the concerned courts for clubbing trial of all the cases to be tried together, which application also may be considered by the concerned Court on its own merits and in accordance with law. Alternatively, it may be open to the respondents/accused, including to the prosecution to make a request to the Sessions Judge for allotting the charge sheets to one Court, to be proceeded in accordance with law.
9. In other words, we have kept all issues, contentions and reliefs available to the respondents/accused as also to the prosecution open, to be considered by the concerned Court on its own merits and in accordance with law.
10. Accordingly, the impugned judgment is set aside and the appeal is allowed in the above terms.
11. Pending applications, if any, stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4127/2019
The State of Bihar & Ors ___________________________ Petitioner(s)
v.
Anil Singh @ Anil Kumar Singh & Ors _______________ Respondent(s)
Date : 22-07-2021 This petition was called on for hearing today.
(Before A.M. Khanwilkar and Sanjiv Khanna, JJ.)
For Petitioner(s) Mr. Manish Kumar, AOR
For Respondent(s) Mr. Vikas Mahajan, Sr. Adv.
Ms. Swarupama Chaturvedi, AOR
Mr. Ashutosh Mohan, Adv
Mr. Barun Kumar Sinha, Adv.
Mr. Abhishek, AOR
UPON hearing the counsel the Court made the following
ORDER
12. Leave granted.
13. The appeal is allowed in terms of the signed order.
14. Pending applications, if any, shall stand disposed of.
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