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2025 Supreme(Kar) 1264

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM, J.
 
Mrs. Dorathy Sheela, D/o. Mr. G. Harry and Ors. – Petitioners
Versus
State Of Karnataka By Police Commissioner, Represented By Its State Public Prosecutor, High Court Of Karnataka and Ors. – Respondents
Writ Petition No. 1958 of 2024 (GM-RES)
Decided On : 04-09-2025

Advocates Appeared:
For the Petitioners:Sri. Satyanarayana Chalke, Advocate for Sri. Chetan C.P., Advocate, Sri. Arvind Patil B., Advocate.
For the Respondents:Sri. M.R. Patil, HCGP, Sri. Javed S., Advocate.

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.

Headnote:(A) Criminal Procedure Code - Sections 200 and 173(8) - Quashing of FIRs - Petition to quash order of Magistrate directing reinvestigation despite earlier quashing of FIRs by a Co-ordinate Bench and affirmation by the Supreme Court. The Court emphasized that the directions of the Apex Court must be followed to avoid duplication of investigations and abuse of process of law. (Paras 1, 3, 10, 12)

(B) Legal impossibility of multiple FIRs - The Co-ordinate Bench held that multiple FIRs on the same set of allegations concerning the same subject matter is legally impermissible, leading to quashing of FIRs in Crime Nos.310/2021 and 130/2021. (Para 8)

Facts of the case:
Petitioners contested the registration of multiple FIRs arising from disputes relating to rights under several Wills and argued that previous judicial orders quashed these FIRs.

Findings of Court:
The Magistrate's order for reinvestigation violated previous clear directions by the Co-ordinate Bench and the Supreme Court, as it failed to consolidate the matter into the ongoing investigation in Crime No.144/2020.

Issues: The primary issue was whether the Magistrate's order to reinvestigate Crime No.310/2021 was valid given prior judicial findings.

Ratio Decidendi: The Court ruled that the previous judicial directions remain binding, emphasizing the need to prevent duplicative proceedings and ensuring that complainants retain their rights within consolidated investigations.

Result: The petition is allowed.

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 a private complaint under Section 200 of Cr.P.C. in W.P.Nos.931/2022, 976/2022 and 23182/2022. The Co-ordinate Bench, by its judgment dated 15.12.2022, allowed the writ petitions, quashed the FIRs in Crime Nos.310/2021 and 130/2021, and relegated the parties to proceed in Crime No.144/2020.

3. He would further contend that the complainant carried the matter before the Hon’ble Apex Court by assailing the aforesaid order of the Co-ordinate Bench, as evidenced at Annexure-C. Referring to the observations of the Hon’ble Apex Court, learned counsel would submit that the Supreme Court affirmed the order of the Co-ordinate Bench insofar as it quashed the FIRs in Crime Nos.130/2021 and 310/2021. By drawing attention to paragraphs 10 and 11 of the judgment, he would submit that the Hon’ble Apex Court permitted the complainants in Crime Nos.130/2021 and 310/2021 to file protest memos in the pending proceedings in Crime No.144/2020. Against this backdrop, he would urge that despite such clear findings, the learned Magistrate, by order dated 08.01.2024 impugned herein, has once again referred the matter for reinvestigation in Crime No.310/2021. He would submit that this order of the Magistrate is not only contrary to the judgment of the Co-ordinate Bench but also runs a foul of the directions issued by the Hon’ble Apex Court.

4. Per-contra, learned counsel appearing for respondent No.3 would rely upon the directions issued by the Hon’ble Apex Court in Criminal Appeal Nos.3363- 3364/2024 along with Criminal Appeal Nos.3365- 3367/2023. Referring specifically to paragraph 11 of the judgment, he would submit that liberty was expressly reserved to the complainants to file objections along with protest petitions in respect of Crime Nos.130/2021 and 310/2021, as well as Crime No.144/2020. He would therefore contend that pursuant to such liberty, the complainants have rightly filed objections in Crime No.310/2021 and hence, the impugned order does not suffer from any infirmity. Accordingly, he would request this Court to dismiss the petition.

5. Learned HCGP, also adverting to the findings recorded by the Hon’ble Apex Court in paragraphs 9 to 11 of the judgment, has supported the contentions of the complainant. He would submit that, in view of the specific directions contained in paragraph 11 of the judgment, the FIRs in Crime Nos.130/2021 and 310/2021 stand revived notwithstanding the earlier quashing by the Co-ordinate Bench in W.P.Nos.931/2022, 976/2022 and 23182/2021.

6. Having heard the learned counsel on record, this Court has bestowed its anxious consideration upon the judgment of the Co-ordinate Bench in the aforesaid batch of writ petitions, as well as the directions subsequently issued by the Hon’ble Apex Court.

7. Before proceeding further, this Court deems it

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