Multiple FIRs for the same alleged offense by the same informant are impermissible under law, constituting abuse of legal process.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of appropriate writ/order/direction for quashing of the entire criminal proceedings including the F.I.R. being Saraidhela P.S. Case No.26 of 2024 registered for the offences punishable under Sections 302/34 of the Indian Penal Code on the ground that this F.I.R. has been lodged in respect of the same occurrence for which earlier Saraidhela P.S.Case No.144 of 2019 has been registered.

3. The brief facts of the case is that the Saradihela P.S. Case No.144 of 2019 was registered upon the written application submitted by the informant of that case namely Md. Ekramul Ansari, with the allegation that the petitioners were forcibly making the brother of the informant namely Sonu Ansari to do the marble work in their house. The petitioners told the deceased to join the naked wires of the motor. When the deceased went to join the wires, the petitioners switched on the motor, by which the deceased sustained electric shock and fell inside the safety tank and died. The present F.I.R. being Saraidhela P.S. Case No.26 of 2024 has been instituted on the basis of the written application of the same person being Md. Ekramul Ansari alleging therein that the co-accused Nasim Ansari took the deceased- Sonu Ansari to work in the house of the petitioners. The petitioners by using force, told the deceased- Sonu Ansari to join the naked wires. Sonu Ansari refused to do so; but the petitioners along with the co-accused person namely Md. Nasim Ansari forced the deceased to join the wires. The deceased went to join naked wires and the petitioners deliberately switched on the motor, by which the deceased sustained electric shock and fell down in a safety tank. He was admitted to P.M.C.H. where he died.

4. Learned counsel for the petitioners submits that the F.I.R. of Saraidhela P.S. Case No.26 of 2024 is hit by Section 162 of the Code of Criminal Procedure as this is the second F.I.R., for the same cause of action, in respect of which Saraidhela P.S. Case No.144 of 2019 has already been registered. It is further submitted that the police after investigation of Saraidhela P.S. Case No.144 of 2019, has submitted Final Form and did not send up the petitioners for trial and the same was accepted by the learned Chief Judicial Magistrate, Dhanbad but no protest petition was filed in the said case. It is next submitted that the co- accused Md. Nasim Ansari who faced the trial in connection with Saraidhela P.S. Case No.144 of 2019 corresponding to G.R. No.1463 of 2020, was acquitted vide judgment dated 26.09.2023. Hence, it is submitted that continuation of criminal proceedings of Saraidhela P.S. Case No.26 of 2024 against the petitioners, will amount to abuse of process of law. Therefore, it is submitted that the prayer, as prayed for in this Writ Petition (Cr.), be allowed.

5. Learned counsel appearing for the respondent-State on the other hand vehemently oppose the prayer of the petitioners made in this Writ Petition (Cr.) but fairly submits that for the self-same occurrence, the F.I.R. in respect of Saraidhela P.S. Case No.144 of 2019 was lodged and this case has also been lodged for the self-same occurrence.

6. Having heard the submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the Hon’ble Supreme Court of India in the case of Tarak Das Mukherjee & Ors. vs. State of Uttar Pradesh & Ors. in Criminal Appeal No. 1400 of 2022 dated 23.08.2022, paragraph-12 of which reads and under:

“12. If m