IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Rajesh R – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. criminal procedure for quashing fir (Para 1 , 2) |
| 2. legal argument against double prosecution (Para 3 , 4) |
| 3. court's reasoning on firs (Para 5 , 6 , 7) |
ORDER :
This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure , 1973, to quash all further proceedings in VC.No.5/2019/PKD of VACB, Palakkad. The petitioner herein is the sole accused in the above crime.
3. It is submitted by the learned counsel for the petitioner that, earlier, on same set of facts, another FIR was registered as Crime No.48/2019 of Thrithala Police Station dated 06.02.2019, alleging commission of offences punishable under Sections 408, 420, 465 and 471 r/w. Section 34 of the Indian Penal Code and the investigation thereof ended in filing of final report on 25.05.2022 reporting the case as 'Undetected' because of non-availability of the signatures of one Ponneri Abdul Rehiman, whose signatures were alleged to be forged by the accused for making appointments in Dr.K.B menon Higher secondary school Thrithatla, Palakkad district, where the accused was a teacher.
5. The learned Special Public Prosecutor did not combat the legal position. However, according to h
The registration of multiple FIRs on the same facts is an abuse of process, violating constitutional protections.
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.
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.
Permissibility of second FIR and application of 'test of sameness' to determine if the FIRs relate to the same incident or transaction.
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
Second FIRs cannot be registered for the same incident after a discharge, as it constitutes an abuse of process and violates constitutional rights.
A second FIR cannot be registered for the same incident; investigations must be consolidated under the first FIR to prevent duplicity.
Multiple FIRs for distinct occurrences are permissible under law, while those for the same facts constitute an abuse of process.
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 for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.
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