Madras High Court
Babu @ Kader Batcha vs State Rep. By Its on 6 September, 2021
Crl.O.P.Nos.15368 & 15375 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.Nos.15368 & 15375 of 2021
and
Crl.M.P.Nos.8405 & 8409 of 2021
Crl.O.P.No.15368 of 2021
1.Babu @ Kader Batcha
2.Jafer
3.Abudhair
4.Husain
5.Mohamed Rasool
6.Mohamed Yasin ... Petitioners
Vs.
1.State Rep. by its
The Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
(Cr.No.707 of 2013).
2.The Sub-Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
3.Mahendran ... Respondents
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Crl.O.P.Nos.15368 & 15375 of 2021
Crl.O.P.No.15375 of 2021
1.Babu @ Kader Batcha
2.Mujibur Rahman
3.Noor Mohamed
4.Rafidhin @ Ramdeen
5.Akbar Ali
6.K.Abu Hanifa
7.Sadham Husain
8.Rafideen
9.Sadiq Ali
10.Kaja Maidhin
11.Naseer @ A.Naseer Ahamed ... Petitioners
Vs.
1.State Rep. by its
The Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
(Cr.No.705 of 2013).
2.The Sub-Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
3.Rangaraj ... Respondents
COMMON PRAYER: Criminal Original Petitions are filed under
Section 482 of the Code of Criminal Procedure, to call for the records
relating to the case in Crime Nos.705 & 707 of 2013 respectively on the
file of the second respondent herein and quash the same as illegal and
without jurisdiction.
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Crl.O.P.Nos.15368 & 15375 of 2021
For Petitioners : Mr.I.Abdul Basith
(in both Crl.O.P.Nos.)
For R1& R2 : Mr.A.Damodaran
(in both Crl.O.P.Nos.) Government Advocate (Crl. Side)
*****
COMMON ORDER
These Criminal Original Petitions are filed to call for the records
relating to the case in Crime Nos.705 & 707 of 2013 respectively on the
file of the second respondent herein and quash the same as illegal and
without jurisdiction.
2.The contention of the petitioners is that for the same cause of
action there have been multiple FIRs in Crime Nos. 704, 705, 706 & 707
of 2013. In view of the Judgment of the Hon'ble Supreme Court of India
in the case of T.T.Antony Vs. State of Kerala, wherein the Apex Court
had held that in respect of same occurrence two FIRs had been lodged
and the Court held that there can be no second FIR and no fresh
investigation, on receipt of every subsequent information in respect of the
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Crl.O.P.Nos.15368 & 15375 of 2021
same cognizable offence or same occurrence giving rise to one or more
cognizable offences. The investigating agency has to proceed only on the
information about commission of a cognizable offence which is first
entered in the police station diary by the officer Incharge under Seciton
158 Cr.P.C. and all other subsequent information would be covered by
section 162 Cr.P.C. For the reason that it is the duty of the Investigating
Officer not merely to investigate the cognizable offence report in the FIR
but also other connected offences found to have been committed in the
course of the same transaction or the same occurrence and the
Investigating Officer has to file one or more reports under Section 173
Cr.P.C. Even after submission of the report under Section 173(2)
Cr.P.C., if the Investigating Officer comes across any further information
pertaining to the same incident, he can make further investigation, but it
is desirable that he must take the leave of the court and forward the
further evidence, if any, with further report or reports under Section
173(8) Cr.P.C. In case the officer receives more than one piece of
information in respect of the same incident involving one or more than
one cognizable offence such information cannot properly be treated as an
FIR as it would, in effect, be a second FIR and the same is not in
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Crl.O.P.Nos.15368 & 15375 of 2021
conformity with the scheme of the Cr.P.C.
3.Accordingly in these cases also the other complaints have to be
investigated in the first FIR, in which the petitioners have been arrayed as
accused. The second respondent has filed multiple FIRs in Crime
Nos.704, 705, 706 and 707 of 2013 for the alleged offence in the course
of same transaction on the same set of facts and on the same date and
time, where a charge sheet has already filed for the FIR in Crime No.704
of 2013 and the same is pending before the Judicial Magistrate Court,
Mettupalayam in C.C.No.297 of 2016.
4.Further this Court vide order dated 19.03.2021 and 22.03.2021
had allowed the Criminal Original Petitions in Crl.O.P.Nos.5399 & 5418
of 2021 respectively and quashed the proceedings in Crime Nos.705 &
707 of 2013 as against A3 viz., Farook @ Tondai Farook @ Farook
Abdullah. The petitioners herein are also entitled to enjoy the benefit on
the point of limitation. In view of the above, this Court is inclined to
allow these Criminal Original Petitions.
5.In the result, the FIRs in Crime Nos.705 & 707 of 2013 pending
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Crl.O.P.Nos.15368 & 15375 of 2021
investigation on the file of the second respondent police are hereby
quashed in so far as the petitioners are concerned and these Criminal
Original Petitions are allowed. Consequently, the connected
miscellaneous petitions are closed.
06.09.2021
Index: Yes/No
Internet: Yes/No
ah
To
1.The Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
(Cr.No.707 of 2013).
2.The Sub-Inspector of Police,
Mettupalayam Police Station,
Coimbatore.
3.The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
http://www.judis.nic.in
Crl.O.P.Nos.15368 & 15375 of 2021
ah
Crl.O.P.Nos.15368 & 15375 of 2021
and Crl.M.P.Nos.8405 & 8409 of 2021
06.09.2021
http://www.judis.nic.in
