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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH
Manoj S/o Ravindran – Appellant
Versus
Sub Inspector Of Police – Respondent
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 rep
The principle of double jeopardy does not apply when separate FIRs are registered for distinct offences occurring at different times and locations.
The emphasis of the Apex Court is on the commonality and sameness of the accusations pertaining to the same incident, and the registration of the second FIR would be barred whenever further informati....
The registration of multiple FIRs on the same facts is an abuse of process, violating constitutional protections.
Rioting - Permissibility of second FIR - No person shall be prosecuted and punished for the same offence more than once
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 principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent a....
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