Allahabad High Court

VANSHversusSTATE OF U.P. AND ANOTHER

Decided: 15 February 2026
Bench: PADAM NARAIN MISHRA

Holding

When two FIRs relating to the same subject matter are lodged in different districts, the trials must be consolidated and conducted by a single court to prevent multiplicity of proceedings.

Summary

The applicant filed a Section 528 application seeking to quash proceedings in Case No. 326 of 2024 (arising from Crime No. 151 of 2023) on the ground that two FIRs concerning the same stolen motorcycle had been lodged in different districts, leading to parallel trials. The first FIR (Crime No. 348/2022) was filed in Shamli for theft under IPC s.379, while a second FIR (Crime No. 151/2023) was filed in Baghpat against specific accused under IPC s.411 and s.482 after the motorcycle was recovered. Both the State and the applicant admitted that the FIRs dealt with the same subject matter. The court examined the principle that a single offence should not be tried in two courts and ordered that the trial be conducted solely in Shamli, directing the Baghpat court to transfer the case record and to consolidate the charge‑sheets. The trial court at Shamli was instructed to frame a composite charge, examine all witnesses, and deliver a single judgment to avoid conflicting outcomes.

Issues considered

Whether two FIRs lodged in different districts for the same stolen motorcycle constitute an abuse of process warranting quashing of one proceeding
Whether the trials arising from the two FIRs should be consolidated and conducted by a single court

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 379, 411, 482

Subjects

duplicate FIR
parallel proceedings
consolidation of trials
Section 528 CrPC
IPC sections 379, 411, 482
abuse of process
composite judgment

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22533 of 2025

Vansh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.

1. Heard learned counsel for the applicant, learned AGA for the State
and perused the record.

2. The present application under Section 528 BNSS has been filed by
the applicant seeking quashing of the entire proceedings of Case No.
326 of 2024, arising out of Case Crime No. 151 of 2023, under
Sections 411 and 482 of IPC, Police Station Ramala, District
Baghpat as well as cognizance/summoning order dated 10.10.2024
passed by Additional Chief Judicial Magistrate, Baghpat.

3. Brief facts of the present case is that an FIR was lodged as the
Case Crime No. 348/2022 for the offence punishable under section
379 IPC against some unknown persons at District, Shamli. But in the
Case Crime No. 348 of 2022, the stolen motorcycle could not be
recovered. Consequently, the investigating officer submitted the final
report on 26.09.2022. The same stolen motorcycle bearing No. UP 12
BE 73 has been recovered at District, Baghpat by the police on
04.06.2023 and consequently an FIR bearing Case Crime No. 151 of
2023 for the offences punishable under sections 411 and 482 IPC
has been lodged against the Rahul and Vansh at District, Baghpat.
After the recovery of motorcycle, the police of P.S., Ramala of District
baghpat sent information to the Police Station, District, Shamli.
Thereafter, Superintendent of the Police, District, Shamli vide letter
dated requested for the further investigation in the Case Crime No.
348 of 2022. The Investigating Officer after further investigation
NA528 No. 22533 of 2025
2

submitted the charge sheet under sections 379 and 411 of IPC in the
Case Crime No. 348 of 2022.

4. Learned counsel for the applicant submits that two FIR has been
lodged for the theft of the same subject matter. he further submitted
that one FIR has been lodged at District, Shamli and the another is
lodged at District, Baghpat. He further submitted it is against the
settled principle of law that for an offence, two parallel trial are
conducted at two different district. He lastly submitted that to avoid
the abuse of process of law and multiplicity of proceedings, it is
expedient in the interest of justice that the proceeding of the Case
Crime No. 151 of 2023 be quashed.

5. Learned AGA for the state could not dispute the factual position
that both the FIR relates to same subject matter and two trials are
pending in two different districts.

6. Considering the rival submissions advanced by the learned
counsel for the parties and perusing the material available on record,
in respect of the theft of motorcycle, one FIR was lodged at District,
Shamli on 01.08.2022 for the offence punishable under section 379 of
IPC against some unknown person and the second FIR was lodged
on 04.06.2023 at District, Baghpat against the two persons namely
Rahul and Vansh for the offences punishable under sections 411 and
482 of IPC. On the perusal of record, it is undisputed that both the
FIR relates to the same subject matter i.e. Motorcycle bearing No. UP
12 BE 73 (Actual no. UP 17 P 4982) and Chasis No.
ME4J65ADJ062797. Considering the peculiar circumstances of the
present case, it is necessary that the trial of both the cases be
conducted by one court.

7. The application is disposed of with the following directions:

(a) The trial shall be conducted at District, Shamli, where the original
FIR regarding theft was lodged.

(b) The District Judge, Baghpat is directed to transmit the entire
record of Case No. 326 of 2024, arising out of Case Crime No. 151 of
2023, along with all relevant papers, to the competent court at
District, Shamli.
NA528 No. 22533 of 2025
3

• Club both charge-sheets dated 10.07.2023 and 11.09.2023,
• Frame a consolidated charge,
• Record evidence treating the matter as arising out of same
transaction,
• Ensure that all witnesses of both charge-sheets are examined.

(d) The trial court shall pass one composite judgment in accordance
with law in order to avoid conflicting judgments.

February 16, 2026
v.k. updh.
(Padam Narain Mishra,J.)

Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad

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