Case Note & Summary
The applicants, accused in R.C.C. No.126 of 2021 arising from C.R. No.0339 of 2020 registered at Vaduj Police Station, District Satara, filed the present criminal application under inherent jurisdiction seeking quashing of the said proceedings. The case originated from an incident that took place on 1st October 2020 at about 11.00 a.m., wherein certain alleged offences of assault and trespass were committed. On the same day, one Sarvendra Kumar, an employee of respondent No.2 (original complainant), lodged a Non-Cognizable Report (NCR) bearing No.0681 of 2020 under sections 323, 427, 504, 506 read with section 34 of the Indian Penal Code. Subsequently, after a lapse of twenty-three days, on 24th October 2020, respondent No.2, who is either the employer or landlord of Sarvendra Kumar, lodged a First Information Report (FIR) bearing No.0339 of 2020 for the very same incident, but this time under sections 452, 427, 323, 143, 147, 148, 149 of the Indian Penal Code. The core legal issue was whether the registration of a second FIR for the identical set of facts was maintainable given the prior registration of an NCR, especially without prior permission from the jurisdictional Magistrate as mandated under section 155(2) of the Code of Criminal Procedure, 1973. The applicants contended that the subsequent FIR was impermissible and an abuse of process, as the police were statutorily barred from investigating a non-cognizable case without a Magistrate’s order. The State and respondent No.2 countered by submitting that a second FIR could be registered even in such circumstances, placing reliance on the decisions in Mansingh Shitole v. State of Maharashtra and State of Rajasthan v. Surendra Singh Rathore. The High Court examined the factual matrix and legal provisions and found that both the NCR and the FIR pertained to the very same incident occurring at the same date and time, with no new or previously unknown facts having come to light. The Court observed that the principles laid down in Surendra Singh Rathore’s case, concerning permissibility of a second FIR in cases of counter-complaints or distinct transactions, were inapplicable to the present facts. Relying on the Division Bench judgments in Jitendra Namdev Daravkar v. State of Maharashtra and Asif Khan Pathan v. State of Maharashtra, the Court held that once an NCR is registered, the police are precluded from registering a fresh FIR for the same incident without complying with the mandatory requirement of section 155(2) Cr.P.C. The Court accordingly allowed the application and quashed R.C.C. No.126 of 2021 and the underlying FIR No.0339 of 2020, thereby ruling in favour of the applicants/accused.
Headnote
A) Criminal Procedure - Registration of FIR When NCR Pending - Mandatory Requirement of Magistrate's Permission - Section 155(2) of the Code of Criminal Procedure, 1973 - A non-cognizable report (NCR) was registered on the date of incident; subsequently, a second FIR was lodged for the very same incident after 23 days without obtaining the Magistrate's permission under section 155(2) - The provision is mandatory and prohibits police investigation of a non-cognizable case without such order; therefore, the subsequent FIR and proceedings were quashed (Paras 5, 10). B) Criminal Procedure - Second FIR - Permissibility - Sections 154, 155 Cr.P.C. - Relying on Asif Khan Pathan v. State of Maharashtra, the court held that when a non-cognizable case is already registered, the police are prevented from investigating the same incident even if additional information is placed before them without the leave of the Magistrate - The judgment in Mansingh Shitole was distinguished as no ground regarding section 155(2) was raised - Held that the second FIR was not maintainable (Paras 8-10).
Issue of Consideration
Whether an FIR for the same set of allegations is maintainable once a Non-Cognizable Report (NCR) is already registered, and whether the registration of such FIR without permission from the Magistrate under section 155(2) of the Code of Criminal Procedure, 1973 is valid.
Final Decision
The application is allowed. R.C.C. No.126 of 2021 and the underlying FIR No.0339 of 2020 are quashed.
Law Points
- Registration of second FIR for same incident is impermissible when non-cognizable report (NCR) already registered
- without prior permission from Magistrate under section 155(2) of CrPC
- Section 155(2) CrPC is mandatory
- police cannot investigate a non-cognizable case without Magistrate's order
- second FIR on same facts not maintainable.
