A second FIR for the same offense as a previous FIR that has already been investigated and resulted in a final report is impermissible and not maintainable.

1. - Both these Misc. Petitions are filed for registered at P.S. Kotwali, Sawai Madhopur, hence both these petitions are decided by this common order. For convenience the facts are taken from SB Cr. Misc. Pet. No. 234/2006.

2. The contention of the petitioner in the petition is that respondent No. 2 filed a complaint before Chief Judicial Magistrate, Sawai Madhopur alleging that respondent No. 2 took a loan from the present petitioner and gave ten blank cheques bearing No. 015131-O15140 of Allahabad Bank, Sawai Madhopur to the petitioner with blank pro- note and sell letter for the truck. The truck was transferred in the name of Shatrughan Agarwal. Allegation of 420 IPC has al so been stated on which FIR No. 207/2005 was registered. After investigation, final report was submitted. The said order was assailed in revision which was also dismissed. Petition under Section 482 Cr.P.C., has been filed before the High Court which was also dismissed and hence final report submitted in FIR No. 207/2005 becomes final. Thereafter, respondent No. 2 filed another FIR on the same grounds being FIR No. 236/2005 for the offence under Section 420, 467, 468 and 471 IPC. The only contention of the present petitioner is that second FIR on the same facts is illegal and could not be continued.The contention of the Public Prosecutor is that second FIR has been lodged only for cheque No. 015132 and hence different allegations have been lodged.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. None is present for the respondent.

4. A bare reading of FIR 207/2005 and present FIR 236/2005 clearly reveals that both FIRs have been lodged on the same facts and it is not in dispute that earlier FIR No. 207/2005 has been investigated and final report has been filed which was accepted by the court below and affirmed by the higher court. In FIR No. 207/2005 cheque No. 015131 to 015140 were in dispute, now the present FIR has been lodged as regards only one cheque i.e. No. 015132 which is unwarranted. The reason has also been shown by the present petitioner that he had lodged a compliant against respondent No. 2 for cheque in question under Section 138 of the Negotiable Instruments Act (in short NI Act) and to counter-blast that complaint this false FIR has been lodged hence looking to the contents of both FIRs, there is no dispute about the fact that both FIRs are lodged on the same allegations and hence second FIR is not maintainable in view of the law laid down in Amitbhai Anilchandra Shah v. The Central Bureau of Investigation, JT 2013 (4) SC 333 , the second FIR is impermissible:

"This Court has consistently laid down the law on the issue interpreting the Code, that a second FIR in respect of an offence or different offences committed in the course of the same transaction is not only impermissible but it violates Article 21 of the Constitution."

5. Further reliance has been placed on T.T. Antony v. State of Kerala & ors., (2001) 6 SCC 181 wherein it was held:

"The scheme of the Cr.P.C. is that an officer in charge of a Police Station has to commence investigation as provided in Section 156 or 157 of Cr.P.C. on the basis of entry of the First Information Report, on coming to know of the commission of a cognizable offence. On completion of investigation and on the basis of evidence collected he has to form opinion under Section 169 or 170 of Cr.P.C., as the case may be, and forward his report to the concerned Magistrate under Section 173(2) of Cr.P.C. However, even after filing such a report if he comes into possession of further information or material, he need not register a fresh FIR, he is empowered to make further investigation, normally with the leave of the court, and where during further investigation he collects further evidence, oral or documentary, he is obliged to forward the same with one or more further reports; this is the import of sub-section (8) of Section 173 Cr.P.C.

From the above discussion it follows