Case Note & Summary
The petitioner, Pawan Lodha, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Criminal Case No.173/2015 pending before the Judicial Magistrate, 6th Court, Dhule, arising out of C.R. No.1/2015 registered at Mohadinagar Police Station, Dhule on 6th January 2015 for offences under Sections 420, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code. The petitioner argued that the proceedings were based on a second FIR on the same facts as an earlier FIR. The first FIR was lodged by Sadanand Suvarna on 20th December 2014 at M.I.D.C. Police Station, Andheri under Section 420 read with Section 34 IPC against the petitioner and two others, including Ashok Singh Gorad (respondent no.2 herein). The first FIR pertained to a transaction where the petitioner and another person allegedly induced Ashok Singh to divert a RTGS payment of Rs.17 lakhs to companies suggested by them instead of the intended recipient. The second FIR was lodged by Ashok Singh Gorad on 6th January 2015 at Mohadinagar Police Station, Dhule, making similar allegations against the petitioner. The court examined the facts and found that the second FIR was based on the same set of facts as the first FIR. The court held that a second FIR on the same facts is not maintainable and amounts to an abuse of the process of law. Consequently, the court allowed the petition and quashed the proceedings in Regular Criminal Case No.173/2015 and the FIR C.R. No.1/2015.
Headnote
A) Criminal Procedure - Second FIR - Quashing - Section 482 CrPC - Second FIR on same facts is not maintainable and amounts to abuse of process of law - The court held that when a first FIR is already registered on the same set of facts, a second FIR cannot be allowed to proceed, and the proceedings based on the second FIR are liable to be quashed (Paras 1-5).
Issue of Consideration
Whether a second FIR based on the same set of facts as the first FIR is maintainable and whether the proceedings arising from such second FIR should be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Final Decision
The petition is allowed. The proceedings in Regular Criminal Case No.173/2015 on the file of Judicial Magistrate, 6th Court, Dhule arising out of C.R. No.1/2015 registered at Mohadinagar Police Station, Dhule are quashed and set aside.
Law Points
- Second FIR on same facts is not maintainable
- abuse of process of law
- quashing under Section 482 CrPC
- criminal breach of trust
- cheating
- forgery
