Point of Law: When earliest or first information satisfies requirements of Section 154 Cr.P.C. there can be no second FIR.

JUDGMENT :

K. BABU, J.

1. The petitioner in this Writ Petition (Crl.), filed under Article 226 of the Constitution of India, essentially seeks to quash Ext.P1 FIR No. 775/2021 of Aranmula Police Station, ExtP2 final report and all further proceedings in S.C. No. 463 of 2021 on the file of the Additional Sessions Court-I (POCSO Special Court), Pathanamthitta. The petitioner is accused No. 3 in the Sessions Case. He, along with the other accused, faces charges under Sections 376, 376(2)(n), 450, 376(3), 366A r/w Section 34 of the Indian Penal Code, Section 4(2) r/w Section 3(a), Section 5(l) r/w Section 6, Section 8 r/w Section 7, Section 9(l) r/w Section 10, Section 11(iv) r/w Section 12, Section 16 r/w Section 17 of the POCSO Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

FACTS:

2. The victim, a 14-year-old girl, was found missing on 28.7.2021. She was residing with her mother and stepfather. The stepfather, on 29.7.2021, reported the missing of child before the Police. In the information before the Police, the stepfather of the victim reported that when he came back from his place of work and enquired about the victim, his wife told him that she fell in love with a young man and she had gone with him on a scooter to introduce herself to his parents. Based on this information, the Police registered FIR No. 772/2021 under Section 57 of the Kerala Police Act (for short “the K.P. Act”). The Police conducted an inquiry as provided in Section 57 of the K.P. Act. The Police later found the child at her residence. The child was taken to the Women’s Cell at Pathanamthitta and brought to the Counselling Centre. The Counsellor attached to the Centre recorded her statement revealing that she was taken to a residence where the petitioner herein sexually assaulted her.

2.1. Based on the statement of the victim, the Police registered FIR No. 775/2021 on 29.7.2021 itself, alleging offences under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 7, 8, 9(1) and 10 of the POCSO Act. The Police also submitted a closure report in Crime No. 772/2021, registered under Section 57 of the K.P. Act, before the jurisdictional Magistrate which accepted the same.

2.2. After completing the investigation in FIR No. 775/2021, the Police submitted final report alleging offences punishable under Sections 376, 376(2)(n), 450, 376, 376(3), 366-A r/w Section 34 of the Indian Penal Code, Section 4(2) r/w Section 3(a), Section 5(l) r/w Section 6, Section 8 r/w Section 7, Section 9(l) r/w Section 10, Section 11(iv) and (vi) r/w Section 12, Section 16 r/w Section 17 of the POCSO Act,2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

3. Heard Sri. Manu Ramachandran, the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that registration of FIR No. 775/2021 after the closure of FIR No. 772/2021 violates the principles declared by the Apex Court in T.T. Antony vs. State of Kerala, (2001) 6 SCC 181 and Krishna Lal Chawla and Others vs. State of U.P. and Another, (2021) 5 SCC 435. The learned counsel for the petitioner contends that after having registered FIR No. 772/2021 based on the information given by the stepfather of the victim, there could not be a second FIR. The learned counsel submitted that a second FIR in respect of an offence or different offences committed in the course of the same transaction is impermissible and violates Article 21 of the Constitution of India.

5. The learned Public Prosecutor, per contra, contended that registration of FIR under Section 57 of the K.P. Act was only to locate the missing person, and the same cannot be treated as an FIR under Section 154 Cr.P.C.

6. As per Section 154 Cr.P.C. every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direc