The registration of multiple FIRs based on the same set of facts constitutes double jeopardy and is barred by limitation under the Criminal Procedure Code.

ORDER :

(G.K. ILANTHIRAIYAN, J.) 

This Criminal Original Petition has been filed to quash the FIR in Crime No. 03 of 2019, registered by the first respondent for the offences punishable under Sections 501(b), 506(i), 509 of the IPC and Section 67 of the Information Technology (IT) Act, 2000, r/w Section 34 of IPC.

2. The case of the prosecution is that the second respondent is the president of the Congress Party in the South District. While holding this position, there was a civil dispute between the second respondent and the petitioner concerning a land issue pending before the Civil Court at Pondicherry. The petitioner is alleged to have made several false allegations against the second respondent and his family members in the context of these civil cases, thereby defaming them. While being so, on 28.11.2018, at around 8:00 p.m., two audio recordings (alleged private telephone conversations) between one Pavadaisamy and Shyam were made, in which it was stated that the second respondent had cheated several persons in Pondicherry and had murdered one Prakash by pushing him into a well. That apart, the petitioner is alleged to have made derogatory statements about the second respondent’s wife and sister, which led to the filing of the complaint.

3. The learned counsel for the petitioner would submit that the same voice messages had already led to the registration of an FIR in Crime No. 6 of 2018 under Section 67 of the IT Act, 2000. After completion of the investigation, a final report was filed, and the same was taken cognizance of by the Trial Court in C.C. No. 26 of 2021 on the file of the learned Chief Judicial Magistrate, Pondicherry, for the offences under Section 501(b), 506, 509 of IPC and Section 67 of the IT Act, 2000, r/w Section 34 of IPC. While the case was pending, the petitioner filed an application for discharge in Crl. M.P. No. 383 of 2023, which was dismissed by the learned Chief Judicial Magistrate, Pondicherry, by an order dated 24.10.2024. Aggrieved by the same, the petitioner filed a revision before this Court in Crl. R.C. No. 17329 of 2024, and an interim stay was granted on 16.12.2024, staying the entire proceedings.

4. The learned counsel for the petitioner would contend that for the same set of allegations, a second FIR (Crime No. 03 of 2019) has been registered, which amounts to double jeopardy. That apart, the offences are punishable with a maximum of three years' imprisonment; therefore, the first respondent ought to have filed the final report within a period of three years from the date of registration of the FIR so that the Trial Court could take cognizance. The crime is of the year 2019, yet the first respondent has failed to file any final report. Therefore, the entire proceeding is barred by limitation, as the Trial Court cannot take cognizance of the final report filed by the first respondent after a period of three years from the date of registration of the FIR. This constitutes nothing but malicious prosecution, as a false case has been foisted upon the petitioner to wreak vengeance. The petitioner further argues that the FIR in Crime No. 03 of 2019 should be quashed, as it relates to the same voice messages already addressed in Crime No. 06 of 2018.

5. The learned counsel for the second respondent, however, submits that though the offences in both FIRs are similar, the two complaints are distinct, as they relate to separate incidents involving the same voice messages. Therefore, the second FIR is very much maintainable.

6. The learned Additional Public Prosecutor (Pondicherry) submits that both voice messages in Crime Nos. 6 of 2018 and 3 of 2019 pertain to the same set of facts. The recordings have been sent for forensic analysis and awaiting for expert opinion, which is still pending.

7. Heard both sides and perused the materials placed before this Court.

8. As rightly pointed out by the learned counsel for the petitioner, all the offences involved are punishable with a maximum of three years' imp