IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45264 of 2007 SARWATUN NAIN @ ASHARFI Son of Balagil Mobeen, resident of Mohalla-Karimchak, P.S.Chapra town, District Saran. Versus 1.STATE OF BIHAR 2.Jai Ram Sharma Police Inspector-cum-Officer In charge, Chapra Town Police Station, At and P.S. Chapra town, District Saran. ----------- 3 26/3/2010 Having heard counsel for the petitioner as also counsel for the State, this Court would find that there was, in fact, no requirement of lodging another F.I.R. by the police giving rise to Chapra Town P.S. Case No.178 of 2007 for the offence under section 25 of the Arms Act, inasmuch as, charge of the Arms Act is well covered by the seizure list of Chapra Town P.S. Case No. 174 of 2005 dated 14.8.2005 in which the police has already submitted charge sheet against Kalim Perwej. That being so, when the Informant police officer despite service of notice in terms of order of this Court dated 22.1.2009 has not chosen to appear and defend his subsequent F.I.R of Chapra Town P.S.Case No. 178 of 2007, this Court by following the ratio in the case of ‘T.T. Antony Vs. State of Kerala’ reported in 2001 (2) P.C.C.R. (SC) 414 would quash the subsequent F.I.R of Chapra Town P.S. Case No.178 of 2007. The trial Court in seisin with Chapra Town P.S. Case No.174 of 2005 dated 14.8.2005 is hereby directed to ensure that the charge under section 25 of the Arms Act is made part of the pending criminal trial and to that extent no separate application 2 would now be required to be filed by the Investigating Officer. With the aforementioned observation/direction this application is allowed. Abhay Kumar ( Mihir Kumar Jha, J.)