The principle of double jeopardy does not apply when separate FIRs are registered for distinct offences occurring at different times and locations.

ORDER :

G.GIRISH, J.

The accused in Crime No.618/2020 of Guruvayoor Temple Police Station, Thrissur, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973 (in short, ‘Cr.PC’), to quash the aforesaid FIR registered against him under Sections 376(2)(n) & 506(i) of the Indian Penal Code, 1860 (in short, ‘ IPC '), and Sections 3(1)(w)(i), 3(1)(w)(2) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989.

2. The reason stated for seeking the aforesaid relief is that, in respect of the very same crime, First Information Reports have been registered at the Mananthavady Police Station, Wayanad, as well as at the Thampanoor Police Station, Thiruvananthapuram. It is also stated that a final report has been filed by the Assistant Commissioner of Police, Fort Sub Division, Thiruvananthapuram, in connection with the aforesaid crime, and hence the further proceedings in Annexure-A FIR registered in Crime No.618/2020 of Guruvayoor Temple Police Station, Thrissur, would result in double jeopardy to the petitioner in addition to abuse of process of law.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. The copy of the FIR registered at the Mananthavady Police Station, Wayanad, in connection with the offences under Sections 376(2)(n) & 506(i) of the IPC, and Sections 3(1)(w)(i), 3(1)(w)(ii) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, is produced by the petitioner as Annexure-E. It is evident from Annexure-E FIR that the Mananthavady Police registered the aforesaid crime upon a complaint about the alleged rape committed by the petitioner upon the survivor on 30^th June, 2019 in a lodge room at Thiruvananthapuram, and on October 19th & 20th, 2019 at Guruvayoor. Finding that the incidents which gave rise to the aforesaid crimes took place within the limits of Guruvayoor and Thampanoor Police Stations, the Mananthavady Police sent the copies of the aforesaid FIR to the Guruvayoor Temple Police Station and Thampanoor Police Station for proceeding against the petitioner in connection with the respective crimes committed within the jurisdictional area of those Police Stations. Accordingly, Annexure-A FIR was registered by the Guruvayoor Temple Police Station in connection with the rape committed by the petitioner upon the survivor, within the limits of the said Police Station on October 19th and 20th, 2019. So also, the Thampanoor Police of Thiruvananthapuram District registered Annexure-C FIR in connection with the rape committed by the petitioner upon the survivor on 30th June 2019 within the limits of Thampanoor Police Station. However, Annexure-C FIR also contained reference about the rape committed by the petitioner upon the survivor on October 19th & 20th, 2019, at Guruvayoor. Annexure-D final report filed by the Assistant Commissioner of Police, Fort Sub Division, Thiruvananthapuram City, also contained the reference about the rape committed by the petitioner upon the survivor on October 19th & 20th, 2019, at Guruvayoor.

5. According to the petitioner, the court concerned, which is to conduct trial of the crime mentioned in Annexure-D final report, will be dealing with the crime registered against him vide Annexure-A FIR of the Guruvayoor Temple Police Station also, and hence the continuance of the investigation and other proceedings by the Guruvayoor Police would be an abuse of process of law. It is for the above reason that the petitioner seeks the quashment of Annexure-A FIR.

6. At the time of arguments, it is brought to my notice that the trial of the case as per Annexure-D final report filed by the Assistant Commissioner of Fort Sub Divison, Thiruvananthapuram, is now pending before the Special Court for SC/ST (PoA) Act cases, Nedumangad, as S.C.No.148/2023. The petitioner did not care to produce the court- charge framed in that case to show that trial in respect of