Successive FIRs By Same Informant Against Same Accused On Same Allegations Impermissible, Violate Articles 21 & 22 : Supreme Court

The Supreme Court observed that registration of multiple FIRs by same person against same accused based on the same set of facts and the same cause of action is impermissible.

"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 observed.

If it is permitted, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence, the bench of Justices Ajay Rastogi and Abhay S. Oka observed. The court added that the registration of such multiple FIRs is nothing but abuse of the process of law.

In this case, the accused had approached the Allahabad High Court seeking quashing of the second FIR contending that both the first and second FIRs are based on the same set of facts and the same cause of action. It was contended that the registration of second FIR is a gross abuse of process of law. The High Court dismissed the petition.

In appeal, the Apex Court bench noted that the allegations made in the second FIR are more or less identical to the allegations made in the first FIR. The property subject matter of both the FIRs is the same. The second FIR also refers to an agreement for sale. The only difference in the two FIRs is that in the first FIR, the date of the agreement is mentioned as 14th June 2006 whereas in the second FIR, the date is mentioned as 21st June 2006. The second FIR also alleges the commission of offences punishable under Sections 419, 420, 406, 467, 468, 471 of IPC. The bench further noticed that the challenge to the first FIR is pending before the High Court.

While allowing the appeal quashing the second FIR and the charge sheet filed on the basis of the said FIR, the bench observed:

"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. Moreover, 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 settled legal position on this behalf has been completely ignored by the High Court."

Case details

Tarak Dash Mukharjee vs State of Uttar Pradesh | 2022 LiveLaw (SC) 731 | CrA 1400 OF 2022 | 23 August 2022 | Justices Ajay Rastogi and Abhay S. Oka

Headnotes

Code of Criminal Procedure, 1973 ; Section 154 - 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 - The registration of such multiple FIRs is nothing but abuse of the process of law - 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. (Para 12)

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