Filing multiple charge sheets for the same incident is impermissible; a unified charge sheet must detail all accused and offenses involved.

ORDER :

1. Accused Nos.1 to 43 in Special SC/ST Case No.2 of 2025, are before this Court in these two petitions filed under Section 482 of Cr.P.C. read with Section 528 of BNSS 2023 with a prayer to quash entire proceedings in Special SC/ST Case No.2 of 2025, on the file of Additional District and Sessions Judge and Special Judge, Gadag, arising out of Crime No.79 of 2015 registered by Lakshmeshwara Police Station, Gadag for offences punishable under Sections 143 , 147, 148, 114, 323, 324, 354, 302, 427, 504, 506 read with Section 149 of INDIAN PENAL CODE , Section 3 (1)(x)(xi)(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 66 of the Information Technology Act, 2000.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioner submits that, in respect of the alleged incident that had taken place on 07.06.2025, three separate FIRs were registered in Crime No.79 of 2015, Crime No.81 of 2015 and Crime No.82 of 2015 and therefore, Criminal Petition No.100994 of 2015 connected with Criminal Petition No.100877 of 2015 were filed before this Court challenging the FIR registered in Crime No.81 of 2015 and Crime No.82 of 2015. This Court had allowed the said two petitions and having quashed FIRs registered in Crime No.81 of 2015 and Crime No.82 of 2015, had directed the Investigation Officer to proceed with investigation in Crime No.79 of 2015, treating the statement of informant in Crime Nos.81 and Crime No.82 of 2015 as the statement recorded during the course of investigation in Crime No.79 of 2015. In spite of such an order, three separate charge sheets were filed after completing investigation and therefore, the accused had once again approached this Court in Criminal Petition No.101379 of 2016 and Criminal Petition No.101037 of 2019, which were allowed by this Court on 13.07.2024 and the matter was remitted to the Investigation Officer to file a single charge sheet in Crime No.79 of 2015. Thereafter, once again two separate charge sheets were filed in Crime No.79 of 2015 and accused had once again approached this Court in Criminal Petition No.100972 of 2023, which was allowed on 03.07.2023 and two charge sheets filed in Crime No.79 of 2015 were quashed and the Investigating Agency was directed to file appropriate report in accordance with law. In spite of repeated orders passed by this Court, once again two separate charge sheets have been filed by the Investigating Agency, and based on the same, two separate Special Cases have been registered before the Court of Special Judge in Special SC/ST Case No.2 of 2025 and Special SC/ST Case No.6 of 2025, and it is under these circumstances, accused in Special SC/ST Case No.2 of 2025 are before this Court.

4. Learned HCGP on instructions submits that by mistake two charge sheets have been filed in Crime No.79 of 2015 and the Investigating Agency has now prepared a single charge sheet in Crime No.79 of 2015. She has filed a memo dated 19.08.2025 enclosing the correspondences received from the Superintendent of Police, Gadag and submits that since two charge sheets have been already filed before the Court of Special Judge, practically it is not possible to withdraw or take back the said charge sheets and therefore the two charge sheets filed in Crime No.79 of 2015 may be quashed with liberty to file a fresh single charge sheet in Crime No.79 of 2015. Submission made by the learned HCGP and the memo filed along with the enclosures is taken on record.

5. This Court while initially allowing Criminal Petition No.100994 of 2015 connected with Criminal Petition No.100877 of 2015 had observed that registration of multiple FIRs in respect of the same incident is impermissibl