Successive FIRs in respect of the same incident are not allowed unless the first closure was not on merits.

G. P. Mittal, J.

1. The Petitioner seeks quashing of FIR No.RC 14(S) and consequent charge sheet on the basis thereof filed by CBI in the Court of Special Judge, Delhi on the ground that this being the second FIR cannot be given effect to. Reliance is placed on reports of the Supreme Court in T.T. Antony v. State of Kerala, (2001) 6 SCC 181 and Babubhai v. State of Gujarat, (2010) 12 SCC 254.

2. According to the Petitioner, a complaint dated 10.03.2005 was made by Mr. Kalraj Mishra, M.P., Rajya Sabha to DIG U.P. Police, Lucknow for registration of a case against some unknown person for sending letters to Union Minister and Hon’ble Prime Minister for grant of financial assistance to his institution. The Petitioner says that FIR No.128/2005 was registered in Police Station Hasanganj on 10.05.2005. A final report dated 10.05.2006 was submitted whereby the complainant(Mr. Kalraj Mishra) gave his no objection. Consequently, the final report was accepted and the case was closed. The Petitioner’s case is that registration of the second FIR on the same cause of action by the CBI is unwarranted and the FIR is liable to be quashed.

3. On the other hand, Ms. Sonia Mathur, Advocate for the CBI says that the first FIR was closed without any investigation simply on the statement made by the complainant that he has not lodged report with SHO, P.S. Hasanganj, which was factually correct as the complainant in fact in his no objection affidavit had simply stated that he was not aware of the name of the person responsible for forging the letterhead. She urges that the final report was submitted in the first FIR by the IO of P.S. Hasanganj only on the ground that he had not made any complaint to P.S. Hasanganj. She submits that in such cases, the second FIR is not barred. She places reliance on Bank of Rajasthan v. Keshav Bangur & Anr., (2007) 13 SCC 145 where it was held that if an FIR was not closed on merits, the second FIR was not barred.

4. I have given my thoughtful consideration to the contention raised on behalf of the parties. The copy of the final report is placed on page 14 of the paper book, which is extracted hereunder:

“Sir, After the above mentioned F.I.R. after being registered was investigated by Sh. Anup Kumar Swami and after that investigation was done by me. When I went to the House No.11, Vikramaditya Marg of informant Sh. Kalraj Mishra, Member, Raj Sabha to enquire about the case, he told that he has not got written any such case with the P.S. Hasanganj. Therefore, the investigation of the case is closed with this F.R. Sir, this F.R. may kindly be allowed to be accepted.”

5. On the basis of the final report, a notice was issued to complainant Mr. Kalraj Mishra who simply stated that he made a complaint to DIG U.P. Police regarding printing of his fake letterhead and forging his signatures thereon. The complainant stated that he was not aware of the name of any accused in the case and he has no objection if the final report submitted by the police was accepted. Thus, it is apparent that the IO of P.S. Hasanganj sought permission to close the case only on the ground that when he went to meet the complainant to make an inquiry about the case, the complainant informed him(the IO) that he had not made any complaint to the SHO, P.S. Hasanganj. Thus, closure of FIR No.143/2005 by the police of P.S. Hasanganj was only on the technical ground that the complainant informed the IO that he(the complainant) did not make any report with the P.S. Hasanganj.

6. There is no dispute about the proposition of law as laid down in T.T. Antony that there cannot be successive FIRs in respect of the same incident because in that event the investigations against an accused would never come to an end. In T.T. Antony, the Supreme Court observed as under:

“The right of the police to investigate into a cognizable offence is a statutory right over which the court does not possess any supervisory jurisdiction under Cr.P.C. This plenary power of the polic