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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MANOJ KUMAR GARG, J
Udai Kumar Jain, S/o Shri Indermal Ji Jain – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
(MANOJ KUMAR GARG, J.)
Instant misc. petition has been filed by the petitioner for quashing of criminal proceedings arising out of FIR No. 497/2021 registered at Police Station Pratap Nagar, District Udaipur for offence under Sections 166, 196, 219, 420, 467, 468, 471, 120B IPC.
2. Brief facts of the case are that owing to dispute between the petitioner and the respondent no.2 regarding the business transaction and affairs of partnership deed dated 26.09.2011, respondent No.2 had made a complaint before the Judicial magistrate (City North) No.1, Udaipur on 09.07.2018. The said complaint was forwarded to the Police Station, Dhanmandi, Udaipur and FIR No. 73/2018 was registered for offence under Sections 420, 467, 468, 471, 120B IPC against the petitioner and other persons. Against the said FIR the petitioner had preferred Misc. Petition before this Court being S.B. Criminal Misc. Petition No. 2858/2018 in which the co-ordinate Bench of this Court had passed an interim order in favour of the petitioner to the effect that no coercive action shall be taken against the petitioner.
3. During pendency of investigation in FIR No. 73/2018 and S.B. Criminal Misc. Petition No. 2858/2018,
A second FIR cannot be registered for the same incident; investigations must be consolidated under the first FIR to prevent duplicity.
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.
A second FIR cannot be registered for the same occurrence if an investigation is already ongoing for the first FIR, as it constitutes an abuse of process of law.
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 multiple FIRs on the same facts is an abuse of process, violating constitutional protections.
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....
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....
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
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