Multiple FIRs for the same incident are impermissible under law; registration must adhere to the principle of 'sameness' as established in prior judgments.

ORDER :

Heard Sri T.V. Ramana Rao, learned counsel for the petitioner, and Sri Tera Rajinikanth Reddy, learned Additional Advocate General appearing for respondents.

2. This Writ Petition is filed to declare the action of respondent Nos.3 to 6 in registering the FIR No.154 and 155 of 2024 pending on the file of Bomraspet Police Station pertaining to the same incident which is subject matter of FI.R. No.153 of 2024 pending on the file of the said Police Station as illegal and for consequential direction to the respondent Nos.3 to 6 to discontinue FIR Nos.154 and 155 of 2024.

3. The petitioner is an Ex-MLA. He is an accused No.1(A.1) in the aforesaid three crimes. On the complaint lodged by respondent Nos.7 to 9, the Police Bomraspet registered the aforesaid three crimes. The petitioner was arrested in Cr.No.153 of 2024 on 13.11.2024 and he is in judicial remand.

4. Learned counsel for the petitioner would contend that the date of incident, place of incident etc., are same. Basing on the same incident, the police cannot register the aforesaid three crimes against the petitioner herein. The allegation against the petitioner herein is conspiracy. Therefore, registration of subsequent Crime Nos.154 and 155 of 2024 by Bomraspet Police, are liable to be quashed.

5. The petitioner is Ex-MLA. With political motive and to harass the petitioner, the Police registered aforesaid three crimes on the complaint lodged by respondent Nos.7 to 9.

6. The allegations leveled against the accused in all three Crimes are one and the same and therefore, registration of the other two crimes i.e. Cr.Nos.154 and 155 of 2024 are liable to be quashed. He has also placed reliance on the judgment in  Akbaruddin Owaisi vs. State of Andhra Pradesh, (2023) 1 ALD Crl.812 Smt. K.Mathamma vs. State of Telangana, 2022 (1)ALT (Crl) 12 (T.S.) and Akbaruddin Owaisi vs. State of A.P. represented by its Principal Secretary, Home Department, 2013 (6) ALT 101 (SB). With the said submissions, he sought to quash the Cr.Nos.154 and 155 of 2024.

7. Whereas, learned Additional Advocate General would contend that the allegations leveled against the accused in the aforesaid three crimes are different. Place of incident is different. Victims and accused are different. Even the offences are also different. There is no political motive. The allegations leveled against the petitioner herein are serious. He is the main conspirator and at his instance, the other accused attacked the District Collector, Special Officer, KADA and other officials, who went to the spot for the purpose of conducting public hearing. They have formed into unlawful assembly and attacked the said Special Officer, KADA with deadly weapons. Investigation is at the threshold. Quashing of the three crimes at the threshold is impermissible as per the principle laid down by the Apex Court and this Court in Crl.P.Nos.1232 of 2022 and batch vide order dated 29.04.2022. He has placed reliance on the principle laid down in TT Antony vs. State of Kerala, (2001) 6 SCC 181 and Jacob John vs. State of Manipur, (2020) Supreme (Manipur) 176 in common order dated 29.04.2022 in Crl.P.No.1232 of 2022.

8. Perusal of the aforesaid complaints in Cr.Nos.153, 154 and 155 of 2024 pending on the file of Bomraspet Police Station, would reveal that the District Collector, Special Officer, KADA and other officials went to the outskirts of Lagcherla Village for the purpose of conducting public hearing with regard to establishment of Pharma Company. Villagers and other stakeholders were not found to participate in the public hearing. A.2 informed the District Collector and other officials stating that nobody will come to the said place of meeting and they have to conduct public hearing at Lagcherla village. They can hold gramsabha in the village. Thereafter, the District Collector and other officials believed his version bonafidely and went to Lagcherla village in his car bearing No.TS 07 EV 2929. Other officials including defacto-complainants i