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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Dorathy Sheela, D/o. Mr. G. Harry – Appellant
Versus
State Of Karnataka By Police Commissioner, Represented By Its State Public Prosecutor, High Court Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of reinvestigation order (Para 1) |
| 2. prior rulings and applications for certain crimes (Para 2 , 3) |
| 3. respondents' support for ongoing investigations (Para 4 , 5) |
| 4. court's analysis of prior rulings (Para 6 , 8 , 9) |
| 5. importance of specific findings from the co-ordinate bench (Para 7) |
| 6. supreme court's directions regarding complaints (Para 10 , 11 , 12) |
| 7. court finds order unsustainable based on legal principles (Para 13) |
| 8. final order quashing the magistrate's decision (Para 14) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
This petition is filed seeking quashing of the order dated 08.01.2024 passed by the 4th ACMM to complete the re-investigation in PCR No.19123/2021, which relates to the Crime No.310/2021.
2. Learned counsel for the petitioners, placing reliance on the judgment of the Co-ordinate Bench rendered in a batch of writ petitions, would submit that on the basis of two private complaints, two crimes came to be registered in Crime Nos.310/2021 and 130/2021. The present petitioners, claiming to be beneficiaries/legatees under certain Wills, had assailed the registration of both crimes, one arising out of a police complaint and the other based on
The legal principle established is that multiple FIRs on the same allegations are impermissible, and judicial orders must be adhered to, preventing reinstatement of quashed FIRs.
Multiple FIRs arising from the same transaction are impermissible and must be consolidated for a fair investigation.
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
Merely because three separate FIRs have been filed do not mean that they could not be clubbed together and one charge-sheet could not be filed.
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