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KULDEEP MATHUR
Rakesh Mehandiratta (Arora) S/o Shri Devi Dutta – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of filing the present Criminal Misc. Petition under Section 482 Cr.P.C. the petitioner has prayed for the following relief:
2. Learned counsel for the petitioner submitted that as per the prosecution, the complainant - Surendra Kumar had filed a written complaint dated 20.10.2014 before Anti Corruption Bureau, Hanumangarh with 33 allegations for the period in which the petitioner was holding the post of Executive Officer, Nagar Palika, Pilibanga, District Hanumangarh. In the written complaint it was stated that the petitioner while holding the post of Executive Officer, Nagar Palika at Pilibanga, with the collusion of the property dealers, issued commercial and residential patta in utter disregard to the applicable laws and thereby caused huge financial losses to the Nagar Palika for his personal gains.
3. Learned counsel submitted that the impugned FIR No. 245/2018 dated 29.08.20
The registration of multiple FIRs for the same allegations is impermissible and constitutes an abuse of process, particularly when prior investigations have concluded with negative findings.
Second FIR is permissible when second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which earlier FIR already stands registered.
When dispute is essentially inter se between parties, either they are relatives; neighbours and which does not affect society High Court should exercise its inherent power to quash FIR.
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
A second FIR is permissible if it presents new facts or different allegations, necessitating a proper investigation by the police.
The court ruled that civil and criminal proceedings can coexist in cases of fraud, emphasizing the necessity of a valid prosecution sanction.
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
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