Criminal Trial–Two FIRs for the same incident–One by petitioner no. 1 and other by respondent no. 2–Injury report annexed with the charge-sheet of FIR no. 90/2010 shows that the petitioner no. 1 received five visible injuries and his wife received three injuries–As per site memo, incident occurred in the inner side of petitioners house–In the FIR lodged against the petitioner, ingredients of offence u/s. 341 are found missing and invocation of Sec. 323 is not permissible in view of Sec. 154 Cr.P.C.–Held, continuance of FIR no. 89/2010 and investigation in pursuant thereof would be the abuse of process of Court–Quashed.


