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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Ahammed Kutty – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
Accused No.2 in CC No.27/2015 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, has filed this Criminal Revision Petition, challenging dismissal of discharge petition filed by him in the said case, as per order dated 26.02.2020 in Crl.M.P.No.1/2019.
2. Heard the learned counsel for the revision petitioner, the learned Public Prosecutor, and Adv. Suvin R. Menon, who was appointed as Amicus Curiae by my learned Predecessor to assist this Court. The report filed by the Amicus Curiae was also perused.
3. The facts of this case run as follows:
As on 14.12.2007, FIR No.423/2007 was registered by Mukkam Police, alleging that the accused persons therein, who are the accused in the present crime, committed offences punishable under Sections 120B , 420, 511 of 465, 466, 470 and 471 of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) without the junction of public servants. After investigation, Annexure A1 final report was filed, alleging commission of the said offences and when the accused persons appeared before the Judicial First Class Magistrate Court-II, Thamarassery, as per Annexure A2 order dated 03.03.2011, all the accused p
Second FIRs cannot be registered for the same incident after a discharge, as it constitutes an abuse of process and violates constitutional rights.
The registration of multiple FIRs on the same facts is an abuse of process, violating constitutional protections.
Two separate FIR - Investigation - Permissible - Simultaneous investigation would not amount to fresh investigation. Interference in a matter where the earliest information prima facie makes out cogn....
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....
Permissibility of second FIR and application of 'test of sameness' to determine if the FIRs relate to the same incident or transaction.
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 ....
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.
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