IMPORTANT POINT
Multiple FIRs for distinct occurrences are permissible under law, while those for the same facts constitute an abuse of process.

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:

“Call for the entire records relating to S.C.No.708/2023 and FIR No.516 of 2023 of the Kadakkal Police Station and FIR No.2/2023 of Cyber Police Station, Ernakulam and to quash all further proceedings against the petitioner.”

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:

“Call for the entire records relating to S.C.No.184/2024 before the First Additional District and Sessions Court, Kollam and to quash all further proceedings against the petitioner.”

3. Heard the learned counsel for the petitioner/Gargian Sudheeran as well as the 4th respondent/ defacto complainant in Crl.M.C.No.4154/2024 and the 5th respondent/defacto complainant in Crl.M.C. No.11327/2023. Also heard the learned Public Prosecutor in detail.

4. The facts in Crl.M.C.No.11327/2023 run on the premise that, in crime No.2/2023 of Cyber Crime Police Station, Ernakulam, initially FIR was registered alleging commission of offence punishable under Section 23(4) of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short) by Gargian Sudheeran and after investigation, final report was filed incorporating offence under Section 228A of the Indian Penal Code (hereinafter referred to as (‘IPC’ for short) as well as under Section 23(4) of the PoCSO Act. The sum and substance of the allegation of the prosecution in this case is that on 28.05.2022, the accused herein disclosed the identity of the victim in Crime No.2113/2016 through SRP FORUM Facebook page and thereby committed the above offences.

5. The prosecution case in Crime No.516/2023 of Kadakkal Police Station pertaining to Crl.M.C. No.4154/2024 is that, on 11.03.2023 and 23.03.2023, the accused disclosed the identity of victim in Crime No.2113/2016 and thereby committed offences punishable under Sections 228A and 201 r/w 34 of IPC and Sections 23, 17 and 16 of the PoCSO Act. In Crime No.2113/2016, the prosecution alleges commission of offences punishable under Section 376 of IPC and Sections 3(b), 4, 7, 8 and 9(m)(n) of the PoCSO Act by the accused therein.

6. According to the learned counsel for Gargian Sudheeran, Crime No.2/2023 was registered earlier and the allegations therein are similar to the allegations in Crime No.516/2023. It is submitted by the learned counsel for Gargian Sudheeran that going by the 161 Cr.P.C. statement given by the defacto complainant in this crime, the same would recite that what he has been stated in the principal Crime, viz., 2113/2016, is contrary and therefore, both crimes are liable to be quashed for want of primary materials to sustain the offences. The learned counsel argued further that if at all it is found prima facie that the offences alleged in Crime No.2/2023 are sustainable, warranting trial, then also, the 2nd crime registered for the same offences, vide Crime No.516/2023, would not lie in the eye of law since registration of two First Information Reports and filing of two separate final reports in relation to one occurrence is not permitted under law. The learned counsel for the petitioner/Gargian Sudheeran also placed decision of the Telangana High Court in Writ Petition No.22037 of 2021 and decision of the Karnataka High Court in Criminal Petition No.2015 of 2022 and connected cases, to contend that registration of multiple First Information Reports by the same person against the same accused i