IMPORTANT POINT
The principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent abuse of power by the investigating authority of the police.

JUDGMENT :

UDAY KUMAR, J.

1. The instant application under Section 482 read with Section 401 of the Criminal Procedure Code, 1973 (herein after referred as Cr.P.C.) had been instituted by the petitioners for quashing of the charge-sheet corresponding to Special Case Number 43 of 2022 filed in connection with AJC Bose B Garden Police station case No. 48 of 2022 dated 30.03.2022 under Sections 448/506 of the India Penal Code, 1860 (herein after referred to as IPC) and Section 3 of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) pending before the Learned Additional District and Sessions Judge, Special Court under the SC/ST Act.

2. In a nutshell, the petitioners’ case referred to, an incident occurred on 13.11.2020 at 22:30 hrs. It was informed to the AJC Bose B Garden Police Station on 23.11.2020 by Krishna Sardar (mother of the Opposite party no. 2 herein). The said information was registered as a first information report (herein after referred to as “first FIR”,) being AJC Bose B Garden Police Station Case No. 195 of 2020 dated 23.11.2020 under Sections 448/506/34 of the IPC, 1860 (“IPC”, hereafter) and Section 3 of the SC/ST Act. During investigation, the Investigating Officer (hereafter referred to as “I.O.”) recorded the statement of Smt. Krishna Sardar, her son Bubai Sardar, her daughter-in-law Piu Sardar (the wife of Bubai Sardar) and one Jhilik Sardar and cited their names as prosecution witnesses.

3. Upon completion of investigation, the I.O. submitted a charge-sheet being number 208 of 2020 dated 31.12.2020 under Section 448/506/34 of I.P.C.

4. Subsequently, another FIR was lodged on 30.03.2022 at the same police station, against the same person concerning the same incident by Bubai Sardar, son of the complainant of the first FIR and witness made under the first charge-sheet. Pursuant to this written complaint, a F.I.R. being AJC Bose B Garden Police Station Case No. 48 of 2022 dated 30.03.2022 (herein after referred to as “second F.I.R.”) was registered under Sections 448/506 of I.P.C. and Section 3 of SC/ST Act, against the petitioners herein and investigation commenced. During investigation, the I.O. examined the complainant of the second FIR, his wife Piu Sardar and one neighbour Ankit Singh as witnesses and recorded their statements under Section 161 of the Cr.P.C. It reveals from the charge-sheet that the I.O. opined a prima facie charge under Section 3 of SC/ST Act had been well established against the petitioners herein, however, regarding Section 448/506 of I.P.C. the I.O. stated that, a specific case has already been initiated at AJC Bose B Garden Police Station which ended in the charge-sheet.

5. Accordingly, the I.O. had submitted charge-sheet being No. 71/22 dated 29.04.2022 under Section 3 of the SC/ST Act (hereinafter referred to as ‘second Charge Sheet’) against the petitioners herein.

6. Filing of the second charge-sheet, prompted the petitioner to file the instant petition under Section 482 of Cr.P.C. seeking quashing of the same as it has been instituted with mala-fide intention to cause harass the petitioners herein.

7. The legality of the second charge-sheet as well as the criminal proceedings initiated upon it, has been questioned by the petitioners in this revisional application.

8. Mr. Asis Bhattacharya, Ld. Counsel for petitioner submitted that the second FIR was registered on the self-same incident after 16 months from the date of occurrence, which is generally not acceptable, because the element of afterthought and embellishment cannot be denied. No trace of such incident has been transpired from the statement of the witnesses recorded under Section 161 of Cr.P.C. by the I.O. of first case.

9. The Learned Counsel referred the observation of Ld. Division Bench of this Court, passed in connection with the hearing of the petition for anticipatory bail being CRM(A) 2123 of 2022 dated 10.05.2022, wherein Ld. Division Bench granted the an