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A. BADHARUDEEN
Gargian Sudheeran S/o Uthaman – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent
ORDER
Crl.M.C.No.11327 of 2023 has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’ for short) by Gargian Sudheeran, who is the sole accused in S.C.No.708/2023, pending before the Fast Track Special Court (Cases related to Atrocities against (Women and Children), Perumbavoor, arose out of Crime No.2/2023 of Cyber Police Station, Ernakulam, seeking the following prayer:
2. Crl.M.C.No.4154/2024 also is at the instance of Sri.Gargian Sudheeran, who is the 1st accused in S.C.No.184/2024 on the files of the Fast Track Special Court, Kottarakkara, arose out of Crime No.516/2023 of Kadakkal Police Station, Kollam, and the prayer is as under:
3. Heard the learned counsel for the petitioner/Gargian Sudheeran as well as the 4th respondent/
Multiple FIRs for distinct occurrences are permissible under law, while those for the same facts constitute an abuse of process.
The registration of multiple FIRs on the same facts is an abuse of process, violating constitutional protections.
The registration of multiple FIRs for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
The main legal point established in the judgment is the importance of the First Information Report and the test of 'sameness' to determine the permissibility of multiple FIRs for the same occurrence.
The registration of multiple FIRs by the same person against the same accused for the same alleged offence constitutes an abuse of process of law and violates constitutional rights.
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
The court held that multiple FIRs cannot be registered for the same incident under established legal principles, emphasizing prohibitions against successive registrations when based on identical clai....
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