IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9356 of 2009 BIR KUMAR SINGH @ BIR SINGH @ BIRCHAND SINGH, Son of Ram Pravesh Singh, resident of Village – New Dillian, Ward No. 20, P.O. & P.S. – Dehri-On-Sone, Rohtas. ..................... Petitioner. Versus THE STATE OF BIHAR ..................... Opp. Party. ----------- For the Petitioner :- Mr. Avanish Kumar Singh, Advocate. For the State :- Mr. Damodar Prasad Tiwary, Advocate. 03/ 06.01.2011 Heard. This is a petition for quashing the First Information Report of Dehri Town P.S. Case No. 147 of 2008, dated 28.06.2008 registered against the petitioner under Section 25 (1-B) (a) and 26 of the Arms Act. However, the grievance of the petitioner is that with regard to the same occurrence a case under Sections 399, 402, and 414 of the Indian Penal Code and 3/5 of the Explosive Substance Act was also registered bearing Dehri (Town) P.S. Case No. 143 of 2008, dated 28.06.2008. However, it appears from the First Information Report (Annexure-1) that in Dehri Town P.S. Case No. 143 of 2008 dated 28.06.2008, Section 25(1-B) (a) and 26 of the Arms Act has been added by the order and signature of the C.J.M, dated 14.07.2008. Learned counsel for the petitioner, however, 2 submits that for same offence two First Information Reports have been lodged which is not permissible. However, the prosecution case is that on secret information that some of the criminals are planning for committing crime and then the police raided and caught hold five persons and firearm was also found in their possession and hence the police lodged two cases one for offence under Sections 399, 402 and 414 of the Indian Penal Code and 3/5 of the Explosive Substance Act which has been registered as Dehri Town P.S. Case No. 143 of 2008 dated 28.06.2008 and for recovery of the firearm another case was instituted which was registered as Dehri (Town) P.S. Case No. 147 of 2008 dated 28.06.2008 under Sections 25 (1-B) (a) and 26 of the Arms Act. However, it appears from the First Information Report itself which is Annexure – 1 that FIR lodged under Sections 399, 402 and 414 of the Indian Penal Code but subsequently 25 (1-B) (a) and 26 of the Arms Act has been added and hence the petitioner has filed this petition made out a grievance that when the First Information Report No. 143 of 2008 under Section 25 (1-B) (a) and 26 of the Arms Act has been added then the second First Information Report under 3 Section 25(1-B) (a) is not permissible and be quashed. However, having regard to the fact that normally in the State of Bihar for offence under the Arms Act separate case is lodged. Hence, for the act alleged two cases were lodged one for offence under Section 399, 402 and 414 of the Indian Penal Code and 3/5 of the Explosive Substance Act Dehri P.S. Case No. 143 of 2008 was lodged and for offence under Section 25(1-B) (a) and 26 of the Arms Act, Dehri P.S. Case No. 147 of 2008 dated 28.06.2008 was lodged on the same day. However, this addition of Section 25(1-B) (a) and 26 of the Arms Act has been made on 14.07.2008 subsequently and it has been submitted that the charge sheet has already been submitted in Dehri (Town) P.S. Case No. 147 of 2008 dated 28.06.2008 and hence there is no merit in submission to quash the FIR of Dehri (Town) P.S. Case No. 147 of 2008 dated 28.06.2008. However, the only remedy available is to ignore the addition of Section 25 (1-B) (a) and 26 of the Arms Act in Dehri P.S. Case No. 147 of 2008 by which the addition made in the FIR by adding Section 25 (1-B) (a) and 26 of the Arms Act. However, the charge-sheet has been submitted under Section 25(1-B) (a) in Dehri (Town) P.S. Case No. 143 4 of 2008, hence prayed to quash is rejected and the addition of Section 25(1-B) (a) and 26 of the Arms Act in Dehri P.S. Case No. 147 of 2008 be ignored. Hence, with this observation the petition is hereby dismissed. Kundan (Gopal Prasad, J.)