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
| 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
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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