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2017 Supreme(Bom) 1614
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
C.V. BHADANG, PRITHVIRAJ K. CHAVAN, JJ.
Dayanand G. Narvekar – Petitioner
Versus
Police Inspector, Crime Branch, EOC & Others – Respondents
Criminal Writ Petition No. 131 of 2017
Decided On : 09-10-2017
For the Petitioner:N. Sardessai, Senior Advocate with Kapil Kerkar, Advocate.
For the Respondent: S.R. Rivankar, Public Prosecutor.
The registration of multiple FIRs for the same transaction is impermissible unless the subsequent FIR pertains to the same cognizable offence, occurrence, or incident as the first FIR.
Headnote:
F.I.R - Quashing of F.I.R - Indian Penal Code - 408, 409, 464, 468, 471, 420 r/w section 120 B - Article 226 of the Constitution of India r/w section 482 of the Code of Criminal Procedure 1973
Fact of the Case:
The petitioner, as the President of the Goa Cricket Association, is accused of misappropriating funds allotted by the Board of Control for Cricket in India (BCCI) through fraudulent means. Two FIRs were registered for separate instances of misappropriation.
Finding of the Court:
The court analyzed whether the second FIR, arising from a subsequent complaint, was competent given the registration of the earlier FIR. The court found that the second FIR did not form part of the same transaction as the first FIR and thus dismissed the petition seeking quashing of the second FIR.
Issues: Competency of the second FIR in relation to the first FIR, interpretation of the provisions of the Code of Criminal Procedure, and the application of legal principles regarding the registration of multiple FIRs for the same transaction.
Ratio Decidendi: The court applied the 'consequence test' to determine whether the second FIR pertained to the same transaction as the first FIR. It concluded that the two incidents of misappropriation were distinct and did not form part of the same transaction.
Final Decision: The petition seeking quashing of the second FIR was dismissed by the court.
C.V. Bhadang, J.
1. By this petition, under Article 226 of the Constitution of India r/w section 482 of the Code of Criminal Procedure 1973 (Code, for short) the petitioner is seeking quashing of F.I.R No.142/2016 registered with the respondent no.1 for the offence punishable under sections 408, 409, 464, 468, 471, 420 r/w section 120 B of the Indian Penal Code (I.P.C for short).
2. The brief facts necessary for the disposal of the petition may be stated thus;
That the petitioner was the President of the Goa Cricket Association (GCA for short) during the year 2006-2007. The other office bearers of the GCA during the relevant year were Mr. Chetan Desai (Secretary), Mr. Vinod Phadke (Treasurer) and Mr. Akbar Mulla, who was the member of the GCA. An amount of Rs.11,52,91,206/- was allotted by the Board of Control for Cricket in India (BCCI) to GCA in the year 2006-2007 towards T.V. subsidy. The said amount was disbursed in installments. The gravamen of the allegations against the petitioner and the other office bearers, who are the co accused, is that they had hatched a criminal conspiracy, in furtherance of which, a fraudulent bank account was opened and the amount of the T.V. subsidy was deposited in the said account and was siphoned off. According to the prosecution, the balance sheet of GCA for the financial year 2006-2007 reflected the receipt of only Rs.7,56,91,206/- as the amount received from BCCI, as against disbursement of Rs.11,52,91,206/-.
3. Indisputably, an offence at Crime No.75/2016 came to be registered against the petitioner and others on 2/6/2016 with the respondent on the basis of a complaint of Mr. Vilas Desai resident of Margao, alleging misappropriation of an amount of Rs.2,87,00,000/- out of the total amount received from BCCI, through fraudulent opening of an account in the DCB bank at Panaji. It is a matter of record that the investigation in the said offence is complete and a charge sheet is filed before the learned Judicial Magistrate First Class at Panaji where the trial is pending.
4. On the basis of a subsequent complaint lodged by Mr. Nilesh Prabhudessai resident of Benualim, the present offence at Crime No.142/2016 came to be registered against the petitioner and others, which is in respect of the alleged misappropriation of Rs.1 crore, from out of the total amount allotted by the BCCI. According to the prosecution, the amount of Rs. 1 crore was disbursed vide cheque No.0851 dated 9/5/2006, of ICICI Bank, Chennai Branch and during investigation it was revealed that the petitioner and others, in furtherance of their criminal conspiracy had opened a fraudulent account in Shiroda Urban Cooperative Society P. Ltd, Kundaim branch, in the name of GCA vide Account No.46 and the said cheque was deposited in the said account. The said amount was systematically siphoned off by regular withdrawals till July 2007 and subsequently the account came to be closed some where in the year 2009. According to the prosecution, it was also revealed during the course of the investigation that the amount of Rs.1 crore was not reflected in the balance sheet/audit report of GCA for the year 2005-06 to 2008-2009. The managing committee of the GCA had concealed the said fact about the said current account with the Shiroda Urban Cooperative Society P. Ltd from the chartered accountant and as such, the amount was not reflected in the balance sheet nor in the audit report. There are several other allegations made about the said account being opened without there being any resolution/approval of the GCA in this regard and the account being opened by one of the co accused, Mr. Chetan Desai in gross violation of the byelaws. Be that as it may, for the purpose of disposal of the present petition, it is not necessary to set out further details. The petitioner is seeking quashing of the FIR no.142/2016.
5. We have heard Shri Sardessai, the learned Senior Counsel for the petitioner and Shri Rivankar, the learned Public Prosecutor f
