IMPORTANT POINT
The court established that a second FIR cannot be registered for the same incident already covered by a prior FIR, reinforcing the principle that legal proceedings must not violate the rights of the accused or the established legal framework.

ORDER :

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

This Criminal Revision Petition was submitted by the accused Nos. 1 and 3 in S.C No 1473/2001 on the files of Additional Sessions Judge-IV, Thiruvananthapuram, which arises from Crime No. 148/1997 of Thampanoor Police station. The offence alleged against the petitioners and the other accused is under section 120B of the Indian Penal Code (IPC). The said crime was registered on the basis of a private complaint submitted by the 3rd respondent herein before the Judicial First Class Magistrate-III, Thiruvananthapuram, alleging offences punishable under section 120B and section 307 of the Indian Penal Code. The challenge in this case is against the order dated 03.06.2016, passed by the learned Sessions Judge, rejecting prayer sought by the petitioners to discharge from the case.

2. The facts which led to the filing of this Crl.R.P are as follows:

2.1. The defacto complainant, the 3rd respondent herein, is one of the prominent leaders of the political party named Communist Party of India (Marxist) (CPI(M)). The 1st petitioner is the leader of the Indian National Congress, which is a rival political party and the 2nd petitioner is alleged to be a close associate of the 1st petitioner. It is alleged that, the 1st and 2nd accused (another political leader, who was earlier a leader of the CPI(M) and later left the said party to form a separate political party), entered into a criminal conspiracy on various dates between 28.03.1995 to 31.03.1995 at Thycaud Guest House, Thiruvananthapuram, with the accused Nos. 3 to 5, to do away with CW1 to CW3, due to their political enmity. In furtherance of their criminal conspiracy, the accused Nos. 1 and 2 procured four revolvers and entrusted the same to A4 and A5. Later, on knowing that the 3rd respondent herein (CW1), was travelling from Delhi on 11.04.1995 by the train named Rajadhani Express, A4 and A5 managed to enter the said train and when the train was passing through Chirala in Andhra Pradesh, on 12.04.1995 at about 10.a.m, A4 and A5 approached the 3rd respondent and A4 fired at him. In the said incident, the 3rd respondent sustained injuries.

2.2. In connection with the said incident, Chirala Railway Police Station registered Crime No. 14/1995 under section 307 of the IPC and later the investigation was handed over to the Inspector of Police, CID, Special team, Hyderabad, who conducted an investigation. In the said crime, apart from A4 and A5, the investigation was conducted against the petitioners also. The 1st petitioner was granted anticipatory bail by the High Court of Andhra Pradesh. The 2nd petitioner surrendered in the said crime and was arrested accordingly. Later he was granted bail. However, after the investigation, the Special Investigation Team, submitted a charge sheet against the 4th and 5th accused in the present crime (accused nos. 1 and 2 in Crime No 14/1995), before the Special Judicial First Class Magistrate Court, Railways, Nellooor, for the offences punishable under section 120B, 307 of the IPC and under section 25 (1) (b) and section 27 of the Arms Act. It was mentioned in the said charge sheet that, the investigation against the associates of the accused Nos. 4 and 5 including the petitioners herein, is in progress and a separate requisition under section 173(8) of the Cr.P.C is being made.

2.3. The said case was taken on file by the Special Judicial First Class Magistrate (Railways), Nelloor and the same was committed to the Sessions Court, Ongole. In the meantime, the 1st accused therein (4th accused herein) died and the charges were framed against the 2nd accused therein (5th accused herein), for the offences punishable under sections 120B,307 r/w 34 of the IPC and section 7 read with section 27 of the Arms Act. After the trial, the Principal Assistant Sessions Court, Ongole, vide judgment dated 01.02.2011 in S.C No.383/1998 (Annexure A4), found the 2nd accused therein (5th accused herein) guilty of the offences under