Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1221

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Atir & Anr. - Appellantss
Versus
State Of NCT Delhi & Anr. - Respondents
Crl.M.C. 1197 of 2021 & Crl.M.A. 6104 of 2021; Crl.M.C. 1198 of 2021, Crl.M.A. 6106 of 2021; Crl.M.C. 1230 of 2021 & Crl.M.A. 6231 of 2021 and Crl.M.C. 1233 of 2021 and Crl.M.A. 6242 of 2021
Decided On : 01-09-2022

Advocates appeared:
Ms. Tara Narula, Ms. Nupur and Ms. Aparajita Sinha, Advocate, for the Appellant; Mr. Anuj Handa, Spp with Mr. Sarang Shekhar, Advocate, for the Respondent.

The main legal point established in the judgment is that multiple FIRs cannot be registered for the same incident of arson and damage to public property, as per the principles laid down by the Supreme Court.

Headnote:
FIRs - Quashing of FIRs - Sections 147, 148, 149, 436, 480, 34 IPC and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984 - [147, 148, 149, 436, 480, 34 IPC, 3/4 of PDPP Act] - The court discussed the principles laid down in TT Antony v. State of Kerala, Babubhai v. State of Gujarat, and Anju Chaudhary v. State of U.P. regarding the registration of multiple FIRs for the same incident and the scope of further investigation. The court found that all the FIRs pertained to the same incident and quashed all proceedings except for FIR No. 106/2020.
Fact of the Case:

The case involved multiple FIRs filed for offences related to arson and damage to public property at the same location on the same date. The complainants in the FIRs reported similar incidents of arson and property damage, and the same fire brigade truck was involved in extinguishing the fires.
Finding of the Court:

The court found that all the FIRs pertained to the same incident and the offences were not different. It held that the registration of multiple FIRs for the same incident was contrary to the principles laid down by the Supreme Court.
Issues: The main issue was whether multiple FIRs could be registered for the same incident of arson and damage to public property.
Ratio Decidendi: The court applied the principles laid down in TT Antony v. State of Kerala, Babubhai v. State of Gujarat, and Anju Chaudhary v. State of U.P. to determine that multiple FIRs for the same incident were not permissible.
Final Decision: The court quashed all proceedings except for FIR No. 106/2020, as it found that the registration of multiple FIRs for the same incident was contrary to the law.

JUDGMENT

Subramonium Prasad, J. - CRL.M.C. 1197/2021 has been filed for quashing FIR No. 112/2020, dated 02.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436 and 34 IPC and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as the PDPP Act) and subsequent charge-sheet dated 07.05.2020 registered as CR Case No. 2039/2020 and committed as SC No.71/2021 and summoning orders dated 08.05.2020, 28.10.2020, 10.11.2020, 19.11.2020, 03.12.2020, 18.12.2020, 12.01.2020 in CR Case No. 2039/2020 and orders dated 10.02.2020, 10.03.2021 passed in SC No.71/2021.

2. CRL.M.C. 1198/2021 has been filed for quashing FIR No. 132/2020, dated 05.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436, 480 and 34 IPC and subsequent charge-sheet registered at CR. Cases No.1664/2020 and summoning order dated 29.01.2021.

3. CRL.M.C. 1230/2021 has been filed for quashing FIR No. 107/2020, dated 01.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436 and 34 IPC and subsequent charge-sheet dated 07.05.2020 and supplementary Charge-sheet dated 02.12.2020 registered as CR. Cases No.2949/2020 and committed as SC No.102/2021 and summoning orders dated 08.05.2020, 05.10.2020, 05.11.2020, 18.11.2020, 01.12.2020, 14.12.2020, 24.12.2020, 06.01.2021, 19.01.2021, 02.02.2021, 16.02.2021 in CR Cases No. 2949/2020 and orders dated 02.03.2021 and 16.03.2021 passed in SC No.102/2021.

4. CRL.M.C. 1233/2021 has been filed for quashing FIR No. 113/2020, dated 02.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436 and 34 IPC and Sections 3/4 of the Prevention of PDPP Act and subsequent charge-sheet dated 07.05.2020 registered as CR. Cases No.2043/2020 and committed as SC No.49/2021 and summoning orders dated 08.05.2020, 22.05.2020, 15.10.2020, 18.11.2020, 28.11.2020, 14.12.2020, 24.12.2020, 06.01.2021, 19.01.2020 in CR Cases No. 2043/2020 and orders dated 02.02.2021, 11.02.2021, 24.02.2021 and 10.03.2021 passed in SC No.49/2021.

5. The main facts as mentioned in FIR No. 106/2020 is that a complaint of arson in house No. T-209B, main road Maujpur Area, near Victor Public School, Maujpur, Delhi. It was stated by the complainant that he reached his house in the evening from work and saw his house was set on fire. It stated that a Fire Brigade bearing number 926225'was called to the site and the fire was doused, it states the articles in the house valued at Rs.7-10 lakhs rupees was charred in the fire. It stated further that the accused were not known to the complainant.

6. The facts stated in FIR No.107/2020 are that the complainant reached his home, T-209B, main road Maujpur Area, near Victor Public School, Maujpur, Delhi, on the evening of 24.02.2020 and saw that his house was set ablaze it was stated that damage of worth Rs.7-10 Lakhs was caused in the fire. It was mentioned that a fire brigade truck bearing No. 926225 was called to douse the fire. It is further stated that the complainant did not know the culprits who were responsible for the arson.

7. FIR No.112/2020 was filed on 02.03.2020 at 2:36 PM, at Police Station Jaffarabad. The complainant therein, resident of T-210, Main Road, Maujpur, Near Victor Public School, stated that on the morning of 25.02.2020 at 10:00 AM he reached his home and saw his house burning in the fire. The complainant estimated the damage caused as between Rs.8-12 Lakhs. It was also mentioned that the complainant did not know who the mischief makers were who started the fire.

8. FIR No.113/2020 was filed on 02.03.2020 at 2:45 PM at Police Station Jaffarabad. The complainant herein stated that on 25.02.2020, at 10 AM he reached his residence - T-209, Main Road, Maujpur, Near Victor Public School, and saw that his house had largely been burnt down and was still burning. He states that fire brigade truck bearing No. 926225 was dousing the fi