Back
G. JAYACHANDRAN
C. Ve. Shanmugam, B. A. B. L. – Appellant
Versus
State, rep. by Inspector of Police, Villupuram West Police Station, Villupuram Dist. (Crime No. 194 of 2022) – Respondent
ORDER :
(G. Jayachandran, J.) :
On 28.02.2022 at about 10.00 a.m., near Thiruvallur Statue, Villupuram Old Bus stand, agitation was organised by AIADMK party condemning the arrest of Mr.D.Jayakumar, Former Minister. In the said agitation, the petitioner and others spoke. Nearly 1500 men and 200 women participated in the agitation.
2. The second respondent, Karthikeyan, the Village Administrative Officer of Villupuram Town, gave a written complaint on the same day i.e 28/02/2022 to the Sub-Inspector of Police, Villupuram West Police Station stating that without obtaining permission from the Police, the agitation condemning the arrest of Mr.D.Jayakumar, was conducted under the leadership of the petitioner C.Ve.Shanmugam. The agitation caused disturbance to the flow of traffic in the Villupuram - Pondicherry National Highways. The general public were put to great hardship. Without following the corona protocol, the agitators gathered between 10.00 am and 12.00 noon facilitating the spread of infectious virus. For the unlawful assembly, wrongful restraint, negligent act likely to spread infection of disease dangerous to like, malignant act likely to spread infection of disease dangerous t
The court established that multiple FIRs for the same incident are not permissible, reinforcing the need for a single, comprehensive investigation.
A counter complaint is always permissible on the same incident as there can be complaints and two FIRs', if it is a case of complaint and counter complaint or a case of consequential complaint.
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.
The main legal point established in the judgment is that the registration of multiple FIRs for the same incident constitutes an abuse of the process of law and violates fundamental rights.
Peaceful assembly and lawful demands do not constitute obstruction under IPC; FIR registration must comply with legal standards to prevent abuse of process.
Procedural requirements for non-cognizable offenses and the interpretation of the alleged offense under Sections 290 of IPC and 75(1)(c) of Tamil Nadu City Police Act,1888.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
