Case Note & Summary
The applicants, who were accused in a suicide abetment case, filed a criminal application under Section 482 Cr.P.C. seeking quashing of a second FIR registered against them. The background is that an FIR (C.R. No.224/2015) was lodged by Vilas Shamrao Bhosle alleging that his wife Sangita committed suicide due to harassment by the accused, including Bhalchandra Mahadik (respondent no.2). After investigation, a charge sheet was filed against three accused, and the case was committed to Sessions. Subsequently, the accused Bhalchandra Mahadik filed a complaint before the Magistrate alleging that the applicants had caused the suicide, and the Magistrate directed registration of an FIR under Section 156(3) Cr.P.C., leading to a second FIR (C.R. No.45/2016) for the same incident. The applicants sought quashing of this second FIR. The court framed the issue whether a second FIR can be registered on a complaint by an accused after completion of investigation and filing of charge sheet in the same incident. The court analyzed the scheme of Cr.P.C., particularly Sections 154, 156(3), and 173, and held that only one FIR can be registered for one incident. Once investigation is complete and charge sheet filed, the Magistrate cannot order registration of a fresh FIR under Section 156(3) Cr.P.C. on a complaint by an accused. The proper course is to seek further investigation under Section 173(8) Cr.P.C. The court found that the second FIR was an abuse of process and quashed it, allowing the application.
Headnote
A) Criminal Procedure Code - Second FIR - Bar on multiple FIRs for same offence - Section 154, 156(3), 173, 482 Cr.P.C., 1973 - The court considered whether a second FIR can be registered on a complaint by an accused in the same incident after charge sheet has been filed. Held that registration of second FIR on same facts is impermissible and amounts to abuse of process of law. The Magistrate's order under Section 156(3) Cr.P.C. cannot be used to direct registration of a fresh FIR when investigation is already complete. (Paras 1-23)
B) Criminal Procedure Code - Investigation - Direction under Section 156(3) Cr.P.C. - Scope - Section 156(3), 173 Cr.P.C., 1973 - The court examined the scope of power under Section 156(3) Cr.P.C. and held that once investigation is complete and charge sheet filed, the Magistrate cannot order further investigation under Section 156(3) Cr.P.C. in the guise of a fresh complaint. The proper remedy is to proceed under Section 173(8) Cr.P.C. for further investigation. (Paras 10-18)
C) Criminal Procedure Code - Abuse of process - Quashing of FIR - Section 482 Cr.P.C., 1973 - The court held that allowing a second FIR on same facts would lead to parallel investigations and abuse of process. The inherent powers under Section 482 Cr.P.C. can be invoked to quash such FIR to prevent miscarriage of justice. (Paras 19-23)
Issue of Consideration
Whether after completion of investigation and filing of charge sheet, a second FIR can be registered on a complaint filed by an accused in relation to the same incident, pursuant to an order under Section 156(3) Cr.P.C.
Final Decision
The court allowed the application and quashed the second FIR (C.R. No.45/2016) and all proceedings arising therefrom. The court held that registration of a second FIR on the same incident after charge sheet has been filed is impermissible and an abuse of process of law.
Law Points
- Second FIR on same facts is impermissible
- Investigation on direction under Section 156(3) Cr.P.C. cannot be used to register fresh FIR
- Only one FIR for one incident
- Accused cannot set criminal law in motion by filing complaint for same incident
Case Details
2017 LawText (BOM) (04) 25
Criminal Application No.1388 of 2016
A.S. Oka, Anuja Prabhudessai
Mr. Rahul Sopanrao Kate for the Applicants, Mrs. S.V. Sonawane, APP for the Respondent No.1, Mr. Ghanasham S. Jadhav for the Respondent No.2
Kashinath Kutwal, Prakash Pandurang Hirve, Suresh Sahebrao Bhosale, Shobha Bharat Sakat, Vilas Laxman Dhende, Malhari Shambhu Sakat
The State of Maharashtra, Bhalchandra Sarjerao Mahadik
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Nature of Litigation
Criminal application under Section 482 Cr.P.C. for quashing of second FIR registered on complaint of accused in same incident.
Remedy Sought
Applicants (original accused in suicide abetment case) sought quashing of second FIR (C.R. No.45/2016) registered on complaint of co-accused Bhalchandra Mahadik.
Filing Reason
The second FIR was registered on the same incident after charge sheet had already been filed in the first FIR, which the applicants contended was impermissible and an abuse of process.
Previous Decisions
First FIR (C.R. No.224/2015) was registered on 29.11.2015 for offences under Sections 306, 504, 506 read with 34 IPC. Charge sheet was filed on 14.03.2016 against three accused. The case was committed to Sessions as Sessions Case No.47/2016. Subsequently, on a complaint by accused Bhalchandra Mahadik, the Magistrate directed registration of a second FIR under Section 156(3) Cr.P.C.
Issues
Whether a second FIR can be registered on a complaint filed by an accused in relation to the same incident after completion of investigation and filing of charge sheet?
Whether the Magistrate's order under Section 156(3) Cr.P.C. can be used to direct registration of a fresh FIR when investigation is already complete?
Submissions/Arguments
Applicants argued that the second FIR on same facts is impermissible and amounts to abuse of process, relying on the principle that there cannot be multiple FIRs for the same incident.
Respondent no.2 (complainant in second FIR) argued that the second FIR was based on a different version and was ordered by the Magistrate under Section 156(3) Cr.P.C., which is permissible.
Ratio Decidendi
Only one FIR can be registered for one incident. Once investigation is complete and charge sheet filed, the Magistrate cannot order registration of a fresh FIR under Section 156(3) Cr.P.C. on a complaint by an accused. The proper remedy is to seek further investigation under Section 173(8) Cr.P.C. Allowing a second FIR would lead to parallel investigations and abuse of process.
Judgment Excerpts
Whether in the facts of the case after completion of investigation of a crime and after filing a charge sheet, under an order of the learned Judicial Magistrate First Class under SubSection (3) of Section 156 of Cr.P.C passed on the basis of a complaint filed by an accused, one more First Information Report can be registered in relation to the same incident.
The court held that registration of second FIR on same facts is impermissible and amounts to abuse of process of law.
Procedural History
FIR No.224/2015 registered on 29.11.2015 for offences under Sections 306, 504, 506 read with 34 IPC. Charge sheet filed on 14.03.2016. Case committed to Sessions as Sessions Case No.47/2016. On 06.06.2016, accused Bhalchandra Mahadik filed a complaint before JMFC, Baramati, who directed registration of FIR under Section 156(3) Cr.P.C., leading to second FIR No.45/2016. Applicants filed Criminal Application No.1388/2016 under Section 482 Cr.P.C. for quashing the second FIR. Heard on 07.03.2017, judgment pronounced on 17.04.2017.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 154, 156(3), 173, 173(8), 482
- Indian Penal Code, 1860 (IPC): 306, 504, 506, 34
