Case Note & Summary
The case arose from a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed by the original accused seeking quashing of FIR No. 36 of 2014 registered at Mukhed Police Station, Nanded for offences under Sections 307 and 149 of the Indian Penal Code. The applicants were also accused in an earlier crime, C.R. No. 132 of 2013, which was registered on the complaint of one Vasant and in which a chargesheet had already been filed for offences under Sections 324 and 149 IPC. Gajanan (respondent No.3) was a witness in the first crime and his statement was recorded. Subsequently, Gajanan gave a further statement alleging more serious injuries, leading to the registration of the second FIR on 3rd April 2014. The applicants contended that a separate FIR and chargesheet for the same incident was impermissible and sought its quashing. During pendency, the State also filed Criminal Application No. 477 of 2017 for expeditious hearing. The main legal issues were whether a second FIR and chargesheet could be filed based on a subsequent witness statement, the extent of the High Court's power under Section 482 CrPC at the investigation stage, and the scope of police power under Section 173(8) CrPC for further investigation and filing supplementary chargesheet. The applicants argued that further investigation cannot add new offences or accused and that improvements in statements should be rejected. The State argued that serious allegations justified a separate FIR and investigation. The court held that filing two chargesheets against the same persons for the same incident violates Article 20(2) of the Constitution and Section 300 CrPC, thus the second FIR could not stand. However, the court recognized the investigating agency's power under Section 173(8) CrPC to conduct further investigation and file a supplementary chargesheet adding new offences and accused. The court also held that at this stage, alleged improvements in statements are matters for trial and the High Court should not interfere. Consequently, the application was partly allowed: FIR No. 36 of 2014 was quashed and set aside, but all investigation papers from that FIR could be used as supplementary statements and further investigation material. The police were permitted to file a supplementary chargesheet in C.R. No. 132 of 2013, incorporating additional sections like 307 and 325 IPC and additional witnesses and accused. The case would then be treated as one under Section 307 IPC.
Headnote
A) Criminal Procedure - FIR and Investigation - Separate FIR and Chargesheet for Same Offence - Article 20(2) Constitution of India, 1950; Section 300 Code of Criminal Procedure, 1973 - Court held that filing of two chargesheets against same persons under different provisions of Indian Penal Code for the same incident is not possible due to double jeopardy (Para 4). B) Criminal Procedure - Investigation and Supplementary Chargesheet - Power under Section 173(8) CrPC - Code of Criminal Procedure, 1973, Section 173(8) - Court observed that investigating agency has power to file supplementary chargesheet adding new offences and accused if further investigation reveals necessity, and the court cannot dispute such power (Paras 3, 6). C) Criminal Procedure - Quashing of FIR - Scope under Section 482 CrPC - Code of Criminal Procedure, 1973, Section 482 - Court held that at the stage of investigation, the High Court is not expected to appreciate the material collected by police and quash FIR based on alleged improvements in subsequent statements; such matters are for trial (Para 4). D) Criminal Procedure - Quashing of FIR - Relief - Code of Criminal Procedure, 1973, Section 482 - Although separate FIR was quashed, its investigation papers can be used as supplementary statement and the investigating agency can file supplementary chargesheet in the first crime, treating the case as under Section 307 IPC (Paras 6).
Issue of Consideration
Whether a separate FIR and chargesheet can be filed for the same incident based on a subsequent statement; whether the High Court under Section 482 CrPC can quash FIR at investigation stage due to improvements in statements; scope of police power under Section 173(8) CrPC for further investigation
Final Decision
Criminal Application No. 4631 of 2014 is partly allowed. FIR No. 36 of 2014 is quashed and set aside. All investigation papers from that FIR can be used as supplementary statements and further investigation material. Investigating agency may file supplementary chargesheet in C.R. No. 132 of 2013, adding Sections like 307 and 325 IPC and additional accused and witnesses. If such chargesheet is filed, the case will be treated as under Section 307 IPC. Connected Criminal Application No. 477 of 2017 is disposed of.
Law Points
- Section 482 CrPC
- Section 173(8) CrPC
- Article 20(2) Constitution
- Section 300 CrPC
- double jeopardy
- further investigation
- supplementary chargesheet
- improvements in statements cannot be considered at this stage
