IMPORTANT POINT
There is no prohibition on filing second FIR relating to same incident.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 27.05.2014 passed by the High Court of Kerala at Ernakulum in Criminal M.C. No.2641 of 2007 whereby the High Court allowed the petition filed by the accused-respondent No.3 herein and quashed the FIR(Annexure II), charge-sheet(Annexure III) and all consequent proceedings arising therefrom pending as C.C. No.2682 of 2002 on the file of the JFCM-II, Ernakulum.

3. Facts involved in the case lie in a narrow compass so also the issue involved in the appeal is a short one. The facts are mentioned hereinbelow:

4. There is one public charitable Trust by name - Vidyodaya Trust (hereinafter referred to as "the Trust") having its office at S.N. Junction, Palarivattom in the State of Kerala. The Trust is engaged in the educational activities and runs educational institutions in the State of Kerala.

5. The appellant herein is one of the Chief Executive Trustees of the Trust whereas respondent No.2 herein is one of the Trustees and respondent No.3 was a Treasurer of the Trust at the relevant time.

6. On 17.10.2001, respondent No.2 (Trustee) filed a private complaint against the appellant, respondent No.3 (Treasurer) and three Bank officials of the Bank in the Court of Chief Judicial Magistrate, Ernakulum (CC No.15877 of 2001) under Section 200 of the Code of Criminal Procedure, 1973 (Annexure-P-14).

7. In the complaint, it was inter alia alleged that the appellant, respondent No.3 and three bank officials conspired together to defraud the Trust and to give effect to their conspiracy managed to siphon off around Rs. 42 lacs of the Trust from its Bank accounts by manipulation and forging the accounts books and several documents of the Trust.

8. Pursuant to the aforesaid complaint, an FIR in Crime Case No.817 of 2001 for the offences punishable under Sections 408, 409, 420, 467, 468, 473, 477 read with Section 34 of the Indian Penal Code, (hereinafter referred to as "IPC") was registered wherein the appellant, respondent No.3 and three bank officials were named as accused persons in relation to commission of the alleged crime.

9. The aforesaid incident also led to filing of the FIR No.5 of 2002 by the appellant (Chief Executive Trustee) against respondent No.3 (Treasurer of the Trust) in North Police Station, Ernakulum under Sections 406, 409, 465, 467 and 471 of IPC. It was inter alia alleged therein that respondent No.3 was the person, who indulged into the fraud and forgery and he managed to take away the money belonging to the Trust by misusing his post. Pursuant to this FIR, respondent No.3 (Treasurer of the Trust) was arrested and later enlarged on bail.

10. Thereafter, the police made investigation in relation to FIR No.5 of 2002 and submitted charge-sheet No.166 of 2002 (Annexure- P-17).

11. So far as Crime Case No.817 of 2001 arising out of Complaint Case No.15877 of 2001 is concerned, it was registered against the appellant, respondent No.3 and three Bank officials for commission of the offences punishable under Section 408, 409, 420, 467, 468, 473, 477 read with Section 34 of IPC. The police made investigation in this case and filed their final report on 06.02.2003 stating therein that no case was made out against appellant and three bank officials (described in the report as Accused Nos.2, 3, 4 and 5). These four accused were, therefore, discharged from Crime Case No.817 of 2001. (Annexure-P-18).

12. Respondent No. 2, i.e., the Trustee, however, felt aggrieved by the final report dated 06.02.2003, filed a protest petition (CC No. 28 of 2004) before the Chief Judicial Magistrate, Ernakulum and prayed therein for taking cognizance of the offences mentioned in the final report. The Chief Judicial Magistrate issued summons to the appellant and respondent No.3 to appear before the Court on 22.07.2004.

13. Respondent No.3 filed a Criminal M.C. No.2641 of 2007 before the High Court of Kerala seeking to quash the final report filed in C