SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Ori) 42

SASHIKANTA MISHRA
Dillip Kumar Rath – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/s. L.Mohanty, P.K. Pattanaik & T. Sahoo, Advocates, for the Appellant; Mr. P.K. Maharaj, Addl. Standing Counsel, M/s. B.P.B. Bahali, P.K. Sahu, ; H.B. Banah, G. Dhala, M. Sahu & M. Mohanty, Advocates, for the Respondent.

Judgement Key Points

Statutes Discussed

• Section 154 of Cr.P.C. provides for giving information to Police in cognizable cases, which is termed as First Information Report and is supposed to be the earliest information setting the criminal law into motion; no provision permits multiple informations for the same occurrence [22000360340003] • Section 482 of Cr.P.C. invoked for quashment of FIR (!) • Sections 178 and 179 of Cr.P.C. referenced regarding jurisdiction for lodging complaints where part of cause of action arises (!) • Section 162 of Cr.P.C. noted as prohibiting further complaints that improve on original facts after investigation starts (!) (!) • Section 173 of Cr.P.C. mentioned in sequence of investigation process following FIR registration (!)

Case Laws Discussed

No relevant case laws discussed found in the judgment text.

Ratio Decidendi

• When multiple FIRs relate to the same occurrence, apply the test of "sameness" to determine if they pertain to the same incident; if so, only the first registered FIR sets criminal law into motion, and the second FIR cannot be maintained as independent [22000360340004] (!) [22000360340008] (!) • Date of actual registration determines which FIR is first, even if a complaint was received or written earlier but not registered timely; delayed registration makes it the second FIR (!) (!) (!) [22000360340011]

Court Observations

• There is no provision in law permitting multiple information being given to police of the same occurrence; FIR is the earliest information that sets criminal law into motion [22000360340003] • In this case, both FIRs narrate the very same story of physical and mental cruelty from the beginning of married life, with nearly identical allegations, satisfying the test of sameness and relating to the same occurrence [22000360340008] • FIR at Mahila Police Station registered on 27.03.2021 set criminal law into motion; Malkangiri FIR registered later on 03.04.2021 despite earlier receipt of complaint, due to police inaction, is the second FIR (!) (!) (!) (!) • Once criminal law is set into motion by first FIR, further information relating to same occurrence can only supplement it, not be treated as independent FIR (!)

Final Conclusion

• FIR registered by Mahila Police Station on 27.03.2021 is the first FIR; second FIR by Malkangiri Police Station on 03.04.2021 cannot be maintained as independent FIR [22000360340011] • Directed IIC of Malkangiri Police Station to transmit second FIR and materials to IIC of Mahila Police Station [22000360340012]


JUDGMENT

Sashikanta Mishra, J. - In the present application filed under Section 482 of Cr.P.C., the petitioner prays for quashment of Mahila Police Station, Bhubaneswar FIR No. 36 dated 27.03.2021 on the ground that another FIR on the self-same allegation was registered by Malkangiri Police Station vide FIR No. 106 dated 03.04.2021.

2. The brief facts of the case are that the petitioner is the husband of opposite party no.2, who lodged a written report before the S.P. Malkangiri on 18.03.2021 making some allegations against her husband and in-laws. The FIR was registered by IIC, Malkangiri P.S. on the direction of the S.P., Malkangiri as Malkangiri P.S. Case No.106 dated 03.04.2021 for the commission of offences under Sections 498- A/294/323/506/34 of IPC. The informant-opposite party no.2 also submitted another complaint on 27.03.2021 before the IIC of Mahila Police Station, Bhubaneswar against her husband and in-laws, which came to be registered as Mahila P.S. Case No. 36 dated 27.03.2021 for the alleged commission of offences under Sections 498- A/323/294/307/506/34 of IPC read with Section 4 of DP Act. Contending that the FIR lodged before the Mahila Police Station at Bhubaneswa

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top