Case Note & Summary
The applicant, Bhaskar Pandurang Walimbe, a government officer on deputation as Additional Tribal Commissioner, Amravati, was implicated in a corruption case. A first FIR (No. 3178/2014) was registered on 18.07.2014 based on a complaint by Narayan Mahatre, alleging demand of bribe. A trap was conducted but was unsuccessful and targeted a clerk, not the applicant. Despite no incriminating evidence, the applicant was arrested. Subsequently, a second FIR (No. 3073/2015) was registered on 25.03.2015 under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The applicant filed this application under Section 482 CrPC seeking quashing of the second FIR on the ground that it is a second FIR for the same offence. The court examined the issue and found that the second FIR was based on the same set of allegations as the first FIR. The court held that registration of a second FIR for the same offence is impermissible and amounts to an abuse of the process of law. Accordingly, the court quashed the second FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Second FIR - Section 482 CrPC - The court considered whether registration of a second FIR for the same offence is permissible - Held that a second FIR for the same offence is an abuse of process of law and liable to be quashed (Paras 3, 5-6).
Issue of Consideration
Whether a second FIR can be registered for the same alleged offence of corruption when a prior FIR already exists?
Final Decision
The court allowed the application and quashed FIR No. 3073/2015.
Law Points
- Second FIR for same offence is impermissible
- Section 482 CrPC can be invoked to quash abuse of process
- Prevention of Corruption Act 1988 Sections 7
- 13(1)(d)
- 13(2)
Case Details
2015 LawText (BOM) (06) 133
Criminal Application (APL) No. 260 of 2015
B.P. Dharmadhikari, P.N. Deshmukh
Shri Shashank Manohar with Shri D.V. Chauhan for applicant; Ms. N.P. Mehta, APP for non-applicant
Bhaskar s/o Pandurang Walimbe
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing and setting aside of FIR No. 3073/2015
Filing Reason
The applicant contended that the second FIR was for the same offence as the first FIR and thus impermissible
Previous Decisions
FIR No. 3178/2014 was already registered for the same incident; the applicant was arrested and produced before Special Judge
Issues
Whether a second FIR can be registered for the same offence when a prior FIR already exists?
Submissions/Arguments
The applicant argued that the second FIR is based on the same allegations as the first FIR and is therefore an abuse of process. The State opposed the application.
Ratio Decidendi
A second FIR for the same offence is impermissible and amounts to an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
FIR No. 3073 of 2015 has been questioned only on the ground that it is second FIR.
Registration of second FIR for the same offence is an abuse of process of law.
Procedural History
FIR No. 3178/2014 was registered on 18.07.2014; applicant arrested and produced before Special Judge. Subsequently, FIR No. 3073/2015 was registered on 25.03.2015. Applicant filed this application on 17.04.2015; notice issued and charge sheet filing stayed. State filed reply on 05.05.2015. Heard finally on 15.06.2015 and judgment pronounced on 29.06.2015.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Prevention of Corruption Act, 1988: 7, 13(1)(d), 13(2)
