HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22533 of 2025 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 Versus Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey Counsel for Opposite Party(s) : G.A. Vansh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 2 (c) The trial court at District, Shamli shall: 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. NA528 No. 22533 of 2025 3 (Padam Narain Mishra,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad