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K. SREENIVASA REDDY
Gade Venugopal Rao – Appellant
Versus
State of A. P. ,rep. ,pp & Anr. – Respondent
JUDGMENT
K. Sreenivasa Reddy, J. - This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed to quash the proceedings in FIR No.349 of 2015 of Tadepalli police station, registered for the offences punishable under Sections 120B, 302, 201, 323, 506, 509 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC'). Petitioners herein are a.1 to a.6 in the said crime.
2. a private complaint has been lodged by 2nd respondent herein against the petitioners for the aforesaid offences and the same was referred to police under Section 156 (3) CrPC to police. Pursuant to the same, police registered the CFR as a case in crime No.349 of 2015 of Tadepalli police station for the aforesaid offences on 07.11.2015.
3. 2nd respondent herein filed Writ Petition No.14613 of 2014 before the erstwhile composite High Court seeking a direction to conduct re-postmortem on the body of deceased Krishna Priya, which was buried. By an order dated 08.08.2014, the composite High Court disposed of the Writ Petition, directing the Superintendent, Government General Hospital, Guntur to conduct re- postmortem on the body of the deceased Krishnan Priya.
The Composi
Registration of a second FIR for the same offence and transaction is impermissible and violates Article 21 of the Constitution of India.
A second FIR with respect to the same offence/occurrence/incident is not maintainable and constitutes an abuse of the process of law.
Abuse of Process of Law - Multiple FIRs for Same Occurrence
The judgment establishes the principle that filing successive FIRs for the same incident can be an abuse of the process of the court and may warrant the quashing of criminal proceedings.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
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