Case Note & Summary
The petitioner, Sri K M Prasad, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C.C. No. 230/2015 pending before the J.M.F.C. (III Court), Mysore, based on FIR No. 313/2014 registered on 16.10.2014 for offences under Sections 143, 147, 447, 427, 341, 323, 353, 354, 355, 307, 333 read with 149 of the Indian Penal Code, 1860 (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984. The undisputed facts are that on 15.10.2014, an incident occurred at the premises of the Administrative Training Institute (ATI), Mysore, where an employee committed suicide. The gunman of respondent No.2 lodged a complaint with Nazarbad police, leading to registration of a case of unnatural death. Subsequently, a second FIR was registered based on a complaint by respondent No.2, alleging that the petitioner and others had assaulted her and caused damage to property. The petitioner contended that the second FIR was in respect of the same incident and was therefore barred under Section 162 CrPC and Article 20(2) of the Constitution. The court examined the issue and held that the second FIR was impermissible as it related to the same incident for which a prior FIR and charge sheet already existed. The court quashed the proceedings in C.C. No. 230/2015 insofar as the petitioner was concerned, allowing the petition.
Headnote
A) Criminal Procedure Code - Second FIR - Validity - Sections 154, 162, 173, 482 CrPC - The court considered whether a second FIR can be registered for the same incident when a prior FIR and charge sheet are already in existence - Held that registration of second FIR for the same incident is impermissible and amounts to abuse of process of court, liable to be quashed under Section 482 CrPC (Paras 1-10).
Issue of Consideration
Whether a second FIR can be registered and proceedings continued in respect of the same incident for which a prior FIR and charge sheet already exist.
Final Decision
The court allowed the petition and quashed the proceedings in C.C. No. 230/2015 insofar as the petitioner is concerned.
Law Points
- Second FIR for same incident is impermissible
- Section 162 CrPC
- Article 20(2) of Constitution
- double jeopardy
- abuse of process of court
Case Details
2019 LawText (KAR) (07) 35
Criminal Petition No.5057 of 2015
Justice John Michael Cunha
Sri Ravi B. Naik, Senior Advocate a/w Sri K.B. Mahesh Kumar, Advocate for Petitioner; Sri Vijayakumar Majage, Addl. SPP for Respondent 1; Respondent 2 served and unrepresented
State by Assistant Commissioner of Police, Devraja Division, Mysuru City and Smt. Rashmi, I.A.S.
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C. No. 230/2015 based on second FIR.
Remedy Sought
Petitioner sought quashing of entire proceedings in C.C. No. 230/2015 insofar as he is concerned.
Filing Reason
Petitioner contended that the second FIR was in respect of the same incident for which a prior FIR and charge sheet already existed, making it impermissible.
Issues
Whether a second FIR can be registered and proceedings continued in respect of the same incident for which a prior FIR and charge sheet already exist.
Submissions/Arguments
Petitioner argued that the second FIR is barred under Section 162 CrPC and Article 20(2) of the Constitution as it relates to the same incident.
Respondent State opposed the petition, but the court found merit in the petitioner's contention.
Ratio Decidendi
Registration of a second FIR for the same incident is impermissible and amounts to an abuse of process of court, liable to be quashed under Section 482 CrPC.
Judgment Excerpts
This case has given rise to an interesting question touching the validity of second FIR in a criminal case.
The undisputed facts leading to the above question are that in respect of an incident that took place in the premises of Administrative Training Institute (hereinafter referred to as ‘ATI’) at Mysore on 15.10.2014 at about 3.45 p.m., the gunman of respondent No.2 lodged a written complaint before Nazarbad police.
Procedural History
An incident occurred on 15.10.2014 at ATI, Mysore. A complaint was lodged by the gunman of respondent No.2, leading to registration of a case of unnatural death. Subsequently, a second FIR was registered based on a complaint by respondent No.2. The petitioner filed Criminal Petition No.5057 of 2015 under Section 482 CrPC seeking quashing of proceedings in C.C. No. 230/2015. The High Court allowed the petition on 19.07.2019.
Acts & Sections
- Code of Criminal Procedure, 1973: 482, 154, 162, 173
- Indian Penal Code, 1860: 143, 147, 447, 427, 341, 323, 353, 354, 355, 307, 333, 149
- Prevention of Damage to Public Property Act, 1984: 3
- Constitution of India: Article 20(2)
