Read Time: 04 minutes

Synopsis

"If multiple first information reports by the same person against the same accused are permitted to be registered in respect of the same set of facts and allegations, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence. Therefore, the registration of such multiple firs is nothing but abuse of the process of law", the Supreme Court has held.

A bench of Justices Ajay Rastogi and Abhay S Oka has added that the act of the registration of such successive FIRs on the same set of facts and allegations at the instance of the same informant will not stand the scrutiny of Articles 21 and 22 of the Constitution of India.

The court has made these observations while allowing an appeal filed by one Tarak Dash who challenged an Allahabad High Court order whereby the High Court had declined Dash's plea under Section 482 CrPC for quashing a second FIR registered on the same set of facts on which the earlier FIR was registered at the instance of the same person.

It was alleged in both FIRs that by practicing forgery and fraud, Dash had sold the subject property to another person thereby deceiving the informant.

"The respondent no.4 is the first informant in both the FIRs and the same are based on the same agreement for sale executed on 14th June 2006. The allegation made in both the FIRs is the same....The second FIR, which is the subject matter of challenge, was registered nearly four years after the first FIR was registered. The challenge to the first FIR is pending before the high court. These aspects have been completely overlooked by the high court in the impugned judgment", the top court has observed.

With this view, the court ordered,

"The FIR No. 0177 of 2019 registered at Bhelupur police station in district Varanasi, charge sheet dated 12th July 2019 on the basis of the said FIR and the summoning order dated 12th July 2019 passed by the court of ACJM, Varanasi in Criminal Case no. 480 of 2019 are thereby quashed and set aside".

Case Title: Tarak Dash Mukharjee & Ors. vs. State of Uttar Pradesh & Ors.