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ANIL KUMAR CHOUDHARY
Pramod Kumar, Son of Ram Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
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.
The registration of multiple FIRs for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
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.
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.
A second FIR cannot stand when it pertains to the same occurrence as a prior FIR, emphasizing the principle against multiple FIRs for the same incident.
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.
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
A second FIR for the same incident is not maintainable under Section 162 of the Code of Criminal Procedure, preventing abuse of legal process.
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