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2017 Supreme(AP) 268

IN THE HIGH COURT OF JUDICATURE AT HYDERBAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADERSH
V. RAMASUBRAMANIAN AND S.V. BHATT, JJ.
Jakir Hussain Kosangi, S/o Basheer Ahmed Kosigi and others - Petitioners
Versus
State of Andhra Pradesh, represented by its Principal Secretary, Home Department - Respondents
Writ Petition Nos.29374 of 2016 and 10185, 11201, 11245, 12943 and 13005 of 2017
Decided On : 04-07-2017

Advocates Appeared:
For the Petitioners: Mr. Dhananjay, Mr. B. Adinarayana Rao, Mr. P.S. Nagarajan

Important Point—Where several distinct offences/incidents have been reported, in such a case investigating agency should issue separate FIRs.

Headnote:Criminal Procedure Code, 1973—Sections 154, 155, 156, 157, 162, 169, 170 and 173—Registration of multiple FIRs—Legality—There can be only one first information and all information that flows thereafter, could only be treated as material in furtherance of investigation—Where several distinct offences/incidents have been reported, in such a case investigating agency should issue separate FIRs—No Court can issue a Mandamus directing Station House Officers of all police stations within jurisdiction of High Court not to register any further FIR, as same would also tantamount to a restriction upon victims of such a huge scam from taking recourse to lawful remedies.

       Result—Writ Petitions dismissed.

Order:

V. Ramasubramanian, J.

The petitioners in all these writ petitions seek the issue of writs of mandamus to declare the action of the respondents in allowing the registration of multiple FIRs and conducting an investigation into all of them, in relation to the same set of facts, as unconstitutional. They also pray as a consequence, a direction to the respondents to tag all subsequently registered FIRs to the first FIR and also to set aside all the Prisoner Transit warrants issued against them.

2. While the petitioners in W.P.No.29374 of 2016 are the Directors and Managing Director of a company by name Akshaya Gold Farms and Villas India Limited, the petitioners in other 5 writ petitions are: (1) the Managing Director; (2) the sons of the Nominee Directors; (3) a renewable nominated Director, who was later appointed as a Whole Time Director, (4) the sons of the Nominated Directors; and (5) a renewable nominated Director subsequently appointed as Whole Time Director for 5 years in a company by name Agri Gold Farms Estates India Private Limited.

3. Since the factual details of the case are not necessary for determining the rights of the petitioners to seek the reliefs that they have prayed for and also since the reliefs sought by the petitioners are pitched on the statutory prescriptions contained in the Code of Criminal Procedure and the fundamental rights guaranteed under Article 226 of the Constitution, it is sufficient for us to indicate in a tabular column the reliefs sought by the petitioners in these writ petitions.

W.P. No. Reliefs sought

29374/2016 To issue Writ of mandamus declaring the action of respondents in registering different crimes in different stations basing on the same and identical complaints lodged at different point of times before and after registration of FIR No.227/2013 dated 31-12-2013 of II Town Police Station, Adoni, Kurnool District against the petitioners/accused herein on similar complaints with similar set of facts is arbitrary, illegal and even against to the fundamental principles of criminal justice and direct the respondents to treat all other complaints and investigations therein in subsequent crimes after registration of FIR No.227/2013 only as statements in FIR No.227/2013 of II Town PS, Adoni, Kurnool District, AP and consequently tag all the other crimes in FIR No.211/2013 of IV Town PS, Kurnool, AP, FIR No.138/2013 of II Town PS, Adoni, Kurnool District, AP, FIR No.82/2013 of Dhone PS, Kurnool District, AP, FIR No.299/2013 of Pattabhipuram PS, Guntur Town, AP, FIR No.61/2013 of I Town PS, Tenali, Guntur District, AP, FIR No.62/2013 of I Town PS, Tenali, Guntur District, AP, FIR No.63/2013 of I Town PS, Tenali, Guntur District, AP, FIR No.64/2013 of I Town PS, Tenali, Guntur District, AP, FIR No.182/2013 of Chilakaluripeta PS, Guntur District, AP, FIR No.82/2013 of Peddatumbalam PS, Kurnool District, AP, FIR No.149/2014 of Koilakuntla PS, Kurnool District, AP, FIR No.57/2013 of Koilakuntla PS, Kurnool District, AP and others that were registered in the State of Telangana to FIR No.227/2013 of II Town PS, Adoni, Kurnool District, AP and also to set aside all the Prisoner Transit Warrants issued against the petitioners/accused in the above crimes and other crimes in the interest of equity and justice.

10185/2017 To issue Writ of mandamus declaring the action of R.2 to R.8 in conducting investigation into multiple FIRs in relation to same set of facts as illegal, arbitrary and violative of Articles 14, 19, 20, 21 and 22 of the Constitution of India and the provisions of the A.P. Protection of the Depositors and Finance Establishment Act, 1999 and consequently direct R.1 to transfer the crimes i.e., (a) FIR No.378/2014, dt.24-12-2014 of Nellore III Town PS, filed by R.9, (b) FIR No.7/2015, dt.05-01-2015 of Rajahmundry II Town PS, Rajahmundry Urban District filed by R.10, (c) FIR No.4/2015, dt.06-01-2015 of Nandyala I Town PS, Kurnool, filed by R.11, (d) FIR No.6/2015, dt.06-01-2015 of II Town


























































































































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