IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
K.J. Suriyanarayanan - Petitioner
Versus
State By Inspector of Police, Chennai & Another - Respondents
Crl. OP. No. 19154 of 2020 & Crl. MP. No. 7675 of 2020
Decided On : 02-09-2022
Abuse of Process of Law - Criminal Original Petition - Section 482 of Cr.P.C. - Sections 468, 471 and 420 of IPC
Fact of the Case:
The petitioner filed a petition to quash the F.I.R. in crime No.7 of 2018 registered for offences under Sections 468, 471 and 420 of IPC. Multiple FIRs were filed for the same set of allegations against the petitioner and others.
Finding of the Court:
The court found that multiple FIRs for the same occurrence cannot be sustained and are an abuse of process of law. It ruled that re-examination by the investigation agency on its own should not be permitted by registering another FIR with regard to the same occurrence.
Issues: The issues involved the legality of multiple FIRs for the same occurrence and whether it amounted to an abuse of process of law.
Ratio Decidendi: The court held that successive FIRs not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and are not permissible under law. It emphasized that registration of multiple FIRs on the same occurrence would violate the fundamental rights of a citizen and result in unnecessary harassment to the accused.
Final Decision: The court quashed the entire proceedings in crime No.7 of 2018 registered for offences under Sections 468, 471 and 420 of IPC as against the petitioner and allowed the criminal original petition.
JUDGMENT :
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records connected with the case in crime No.7 of 2018 on the file of the respondent-Police and quash the same.)
1. This petition has been filed to quash the F.I.R. in crime No.7 of 2018 registered by the first respondent police for offences under Sections 468, 471 and 420 of IPC, as against the petitioner.
2. The second respondent lodged complaint alleging that one, J.K. Siva Kumar, Head-HR, M/s. Leo Prime Company Private Limited approached the petitioner, a former Unit Secretary of St. John Ambulance Association (India), Chennai South Centre for getting first-aid certificate for 39 employees of his concern. For that, the petitioner had collected an amount of Rs.12,250/- by concealing the facts and misusing the name of St. Johns Ambulance with a view to secure illegal gain. In order to issue first aid certificates, the petitioner had illegally created an email ID without having any authorisation. It was started in the year 1912 having its headquarters in New Delhi. Its main object is to make each and every private individual to know about first aid at free of cost. About 110 training centres are functioning as basic units in various districts of Tamilnadu. It gives minimum period of eight days training by qualified lecturers based on syllabus which is prescribed by St. John Ambulance Association(India).
2.1 After training, they have to conduct examination by qualified Registered Medical Practitioner. Those documents should be sent to the State Headquarters at Chennai. After verification, it will issue provisional certificate valid for three months. All the documents will be forwarded to the Indian Headquarters at New Delhi. Thereafter, provisional certificate will be issued by the State Headquarters valid for three months after collecting a sum of Rs.350/- from each applicant and Rs.150/- from the fee has to be paid to the Headquarters as processing fees for issuance of certificate. The petitioner was designated as a Secretary of one of the basic unit of St.John Ambulance institution and he was working till the year 2012. He was removed from the association due to some malpractices and even after removal, he continued to use the defacto complainant's name by illegally creating email ID and also by using bank account in the name of the association. He approached various companies, schools, colleges, etc. by using the name of M/s.St.John Ambulance Association to impart first aid training. The trainer licence issued to the petitioner also lapsed in the month of February 2018 and even after expiry of trainer licence, he conducted first-aid training through his associates.
2.2 Indian Red Cross Society is part of the International Red Cross and Red Crescent Movement. It uses the Red Cross as an emblem in common with other international Red Cross Society. It is a voluntary humanitarian organisation to protect human life and health in India. St. John Ambulance Association is associated with Indian Red Cross Society. The said association is conducting first-aid and other programmes as provided in their regulations. Its primary object is to train members of civil society in first-aid and allied subjects. The petitioner has been running a voluntary centre associated with St. John Ambulance Association in the name and style of 'Madras City South Centre'. He is holding a Warrant of Constitution in certificate No.662 dated 18.12.1978. The St. John Ambulance, Wales, United Kingdom has awarded the petitioner a certificate for successfully passing out the course conducted by them. He is an authorised lecturer for conducting First-Aid and Home Nursing Courses with approval of St. John Ambulance. He has been awarded with the certificate No.2627 and the certificate for conducting Home Nursing Course in certificate No.510 by the St. John Ambulance Association. Therefore, the petitioner is very well eligible for organizing and conducting the said courses
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.