IMPORTANT POINT
The registration of multiple FIRs for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.

JUDGMENT :

(Anil Kumar Choudhary, J.) :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report of Daily Market P.S. Case No.34 of 2020 involving the offences punishable under Sections 409, 420, 467, 468, 471, 34 of the Indian Penal Code and all other further proceedings in relation to the said case which is now pending in the court of learned Chief Judicial Magistrate, Ranchi.

3. The F.I.R. of Daily Market P.S. Case No.34 of 2020 has been registered on 10.12.2020 alleging that while the petitioner was posted as Sub-Post Master in the OCC Post Office from July, 2018 to March 2020, he was involved in committing criminal breach of trust by sanctioning loan in 74 (seventy four) different R.D. Accounts amounting to Rs.25,53,400/- in furtherance of common intention with Smt. Suman Agrawal, MPKBY, her representative Shri Shubham Gupta and Sri Chitranjan Kumar- the then SPM, OCC.

4. Learned counsel for the petitioner draws the attention of this Court towards Annexure-3 at page-39-60 of the brief which is the F.I.R. of Kotwali P.S. Case No.99 of 2020 and submits that the said F.I.R. of Kotwali P.S. Case No.99 of 2020 was registered much before registration of this F.I.R. for the self-same allegation in respect of the same set of facts and allegations. Hence, the F.I.R. of Daily Market P.S. Case No.34 of 2020 is hit by Section 162 of the Code of Criminal Procedure. In support of his contention, learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of T.T. Antony vs. State of Kerala & Ors. reported in (2001) 6 SCC 181, paragraph Nos. 25 and 27 of which read as under:-

“25. Where the police transgresses its statutory power of investigation the High Court under Section 482 CrPC or Articles 226/227 of the Constitution and this Court in an appropriate case can interdict the investigation to prevent abuse of the process of the court or otherwise to secure the ends of justice.

27. A just balance between the fundamental rights of the citizens under Articles 19 and 21 of the Constitution and the expansive power of the police to investigate a cognizable offence has to be struck by the court. There cannot be any controversy that subsection (8) of Section 173 CrPC empowers the police to make further investigation, obtain further evidence (both oral and documentary) and forward a further report or reports to the Magistrate. In Narang case [(1979) 2 SCC 322 : 1979 SCC (Cri) 479] it was, however, observed that it would be appropriate to conduct further investigation with the permission of the court. However, the sweeping power of investigation does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIRs whether before or after filing the final report under Section 173(2) CrPC. It would clearly be beyond the purview of Sections 154 and 156 CrPC, nay, a case of abuse of the statutory power of investigation in a given case. In our view a case of fresh investigation based on the second or successive FIRs, not being a counter-case, filed in connection with the same or connected cognizable offence alleged to have been committed in the course of the same transaction and in respect of which pursuant to the first FIR either investigation is under way or final report under Section 173(2) has been forwarded to the Magistrate, may be a fit case for exercise of power under Section 482 CrPC or under Articles 226/227 of the Constitution.”

(Emphasis supplied)

Hence, it is submitted that the First Information Report of Daily Market P.S. Case No.34 of 2020 and all other further proceedings in relation to the said case which is now pending in the court of learned Chief Judicial Magistrate, Ranchi, be quashed and