Can't Permit Accused Reexamination By Police On Its Own Merely By Registration Of Another FIR Regarding Same Occurrence: Madras HC

The Madras High Court recently observed that once FIR has been registered against a person, his/her re-examination by the investigation agency on its own should not be permitted merely by registering another FIR with regard to the same occurrence.

"If such protection is not given to a suspect, then possibility of abuse of investigating powers by the police cannot be ruled out. It would result into a multiplicity of proceedings and unnecessary harassment to the accused and registration of multiple FIR's on the same occurrence would be hit by the doctrine of sameness and it would have to be obliterated, as it would amount to violation of fundamental rights of a citizen," the bench of Justice G.K. Ilanthiraiyan further remarked.

The case in brief

The Court was essentially dealing with a plea filed under section 482 CrPC to quash the FIR registered by the state police against the petitioner for offences under Sections 468, 471, and 420 of IPC.

As per the prosecution's case, the petitioner was designated as a Secretary of one of the basic units of St.John Ambulance institution and he was working till the year 2012. He was removed from the association, however, he continued to use the Company's name by illegally creating an email ID and also by using a bank account in the name of the association.

He approached various companies, schools, colleges, etc. by using the name of M/s.St.John Ambulance Association to impart first aid training. The trainer license issued to the petitioner also lapsed in the month of February 2018 and even after the expiry of the trainer license, he conducted first-aid training through his associates.

Now, one, J.K.Siva Kumar, Head-HR, M/s.Leo Prime Company Private Limited approached him for getting the first-aid certificate for 39 employees of his concern. The petitioner collected an amount of Rs.12,250/- by concealing the facts and misusing the name of St.Johns Ambulance with a view to secure illegal gain.

Subsequently, an FIR was lodged against him in the year 2015, however, the same was quashed subsequently by the High Court. Despite this, the second respondent preferred another complaint was made with the same set of allegations, and the FIR was registered. 

It is the petitioner's case that he is very much eligible for organizing and conducting the said courses as he is a certified trainer and an authorized lecturer for conducting First-Aid and Home Nursing Courses with the approval of St.John Ambulance.

It was also his case that when an FIR had already been registered against him, which was subsequently quashed then why subsequent FIRs had been registered on the same set of allegations? Therefore, his grievance was that the offences are same and for the very same occurrence, three FIRs have been registered as against the same accused persons.

Court's observations

At the outset, the Court observed that sometimes it happens that several pieces of information are given to a police officer in charge of a police station in respect of the same incident involving one or more than one cognizable offences, but in such a case, the investigation officer need not enter all such information of them in the FIR and therefore, the Court added, successive FIR's not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and not permissible under law.

With this, the Court quashed the entire proceedings in crime No.7 of 2018 registered by the police for offences under Sections 468, 471, and 420 of IPC as against the petitioner, and thus, the instant criminal original petition was allowed.

Case title - K.J.Suriyanarayanan v. State and another

Citation: 2022 LiveLaw (Mad) 391

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