@JUDGMENTTAG-ORDER
P.D. Waingankar, J.@mdashCrl.P. No. 100877/2015 is filed to quash the FIR in Crime No. 82/2015 of Lakshmeshwar Police Station for the offences punishable under Sections 143 , 147 , 148 , 341 , 307 , 323 , 324 , 504 , 506 and 109 read with Section 149 of IPC.
2. Crl.P. No. 100994/2015 is filed to quash the FIR in Crime No. 81/2015 of Lakshmeshwar Police Station for the offences punishable under Sections 427 , 504 , 506 , 143 , 147 , 148 , 149 , 307 and 354 of IPC and Sections 3(1)(10)(11) of SC/ST (PA) Act.
3. The brief facts, which gave rise to these petitions, are as under:
"On 07.06.2015 at about 7:00 p.m. Sri. R.D. Badafakkeerappanavar, PSI of Lakshmeshwar Police Station received an information while he was in the Police Station wherein he was informed that in Balehosur village, there was a quarrel between two groups consisting of people belonging to Gantichor community and the people belonging to the other communities of Balehosur village and they were assaulting each other with stones and clubs. Immediately, he along with his staff went to Balehosur village at about 8:15 p.m. and saw mob consisting of two groups, one belonging to Gantichor community people and another group of people belonging to other communities, who were abusing each other and pelting stones. He noticed that the people belonging to other communities were damaging the shops of the persons belonging to Gantichor community. At the same time, the people belonging to Gantichor community proceeded towards Harijankeri by shouting, they damaged the shops belonging to Harijan people, they pelted stones on the house of Fakirappa of Harijankeri. Immediately, upon securing the other Police constables on duty, he made an attempt to quell the mob. The mob went on shouting near a cross in front of out post of Lakshmeshwar Police Station demanding justice. The PSI arranged to send all the injured persons to Lakshmeshwar Government Hospital for medical aid. He flashed the information to his superior officers. Thereby, Superintendent of Police, Deputy Superintendent of Police and Circle Inspector rushed to the spot. They requested both the warring groups to maintain peace. On enquiry by the Police, it was revealed that on 07.06.2015 at about 6:00 p.m. Fakiresh Matennavar and Sannappa Kambli and their henchmen, while coming towards Dingaleshwar Math, one Yamanappa Kademani, Basavanneppa Kademani, Nagaraj Gudageri of Gantichor community abused Dinagleshwar Swamy in filthy language. When they were questioned by one Sannappa Kambli as to why they were abusing Dingaleshwar Swamy about 300-400 persons belonging to Gantichor community formed into an unlawful assembly, they abused Sannappa Kambli, which resulted in fighting between two groups. Since, nobody came forward to lodge a complaint in connection with the said incident, PSI of Lakshmeshwar Police Station filed a complaint on behalf of the State at about 3:00 p.m. on 08.06.2015, which came to be registered in Crime No. 79/2015 against one Sannappa Kambli and 52 others."
4. At about 7:45 p.m. on 08.06.2015 one Nagaraj Gulappa Chigari lodged a complaint in connection with the very same incident before the Lakshmeshwar Police Station against one Dingaleshwar Swamy and 33 others for the offences punishable under Sections 143 , 147 , 148 , 307 , 354 , 504 , 506 , 427 , 302 read with Section 149 of IPC and Section 3(1)(x) of SC/ST (PA) Act, which came to be registered in Crime No. 81/2015.
5. On 10.06.2015, after about three days at about 2:15 p.m. one Kuber Bharamappa Chigari filed a complaint in respect of the very same incident against one Prahlad Tukaramappa Kattimani and 54 others for the offences punishable under Section 143 , 147 , 148 , 341 , 307 , 323 , 324 , 504 , 506 , 109 read with Section 149 of IPC, which came to be registered in Crime No. 82/2015.
6. Since there was a commotion and tense situation in Balehosur village, at the request of the Government Advocate, the investigation in all the three crimes was stalled, by an order passed in both these criminal petitions only with an intention to bring peace and harmony. Now the situation has become normal and therefore, the learned High Court Government advocate sought to vacate the stay order.
7. I have heard the arguments addressed by the learned counsel appearing for the petitioners in both the petitions and the learned High Court Government Advocate for the respondent - State.
8. The learned counsel for the petitioners in Crl.P. No. 100994/2015 would submit that once FIR having been registered in Crime No. 79/2015 on the basis of the complaint lodged by the PSI of Lakshmeshwar Police Station on behalf of the State, the registration of the second FIR in Crime No. 81/2015 is impermissible in law and therefore, it is liable to be quashed.
9. The learned counsel for the petitioners in other Crl.P. No. 100877/2015 would submit that the petitioners who are arrayed as accused in Crime No. 82/2015 have been implicated at the instance of rival groups without any basis, which is nothing but abuse of process of Court. Hence, the learned counsel has sought to quash the FIR in crime No. 82/2015.
10. The learned High Court Government Advocate would submit that offences under the three FIRs constituted distinct and separate offences arising out of separate incidents and separate facts, there is no concept of joint investigation in Cr.P.C. and hence, he sought for dismissal of both the petitions.
11. Upon hearing the learned counsels and on perusal of the material on record the only point that would arise for my determination is as under:
"Whether the registration of the successive FIRs is permissible under law?"
12. In order to ascertain whether the registration of the second or successive FIRs is permissible or not, it is necessary to have a glance as to the date of occurrence, place of occurrence, time of occurrence, the date of registration of FIR, time of registration of FIR the offences alleged and number of accused persons as disclosed in all the FIRs pertaining to Crime Nos. 79/2015, 81/2015 and 82/2015 of Lakshmeshwar Police Station.
13. Gist of FIR in Crime No. 79/2015:
"On 07.06.2015 at about 7:35 p.m. two groups belonging to Gantichor community people on the one hand and other community people of Balehosur village were assaulting each other and damaging the properties of each other. Immediately after coming to know of the same, PSI along with his force went to the spot at Balehosur village, which is at 25 kms. towards east of Lakshmeshwar Police Station and disbursed the warring groups, forwarded the injured to the hospital, passed on the information to his Superior Officers and thereby Superintendent of Police, Deputy Superintendent of Police and Circle Inspector come to the spot, before whom the persons belonging to the other community people were shouting slogans against the persons belonging to the Gantichor community and were demanding justice. Since, no body came forward to lodge a complaint, next day on 08.06.2015, the PSI lodged FIR which came to be registered in Crime No. 79/2015."
14. Gist of FIR in Crime No. 81/2015:
"One Nagaraj Gulappa Gudageri of Balehosur village lodged an information before the PSI, Lakshmeshwar Police Station, wherein he alleged that Dingaleshwar Swamy wanted to get elected all the members of the Panchayat unopposed, without giving an opportunity to the candidate belonging to Gantichor community. Therefore, the people belonging to Gantichor community fielded one candidate for Panchayat elections and got him elected. Dingaleshwar Swamy was not happy with the election of the candidate belonging to Gantichor community. He developed ill-will against the persons belonging to Gantichor community. On 07.06.2015 at about 6:00 p.m. Dingaleshwar Swamy along with other persons formed into an unlawful assembly armed with deadly weapons like sickle, clubs with their common object of committing murder of the complainant. They marched towards the house of the complainant. They abused the complainant and his people in filthy language for having elected a Panchayat member of their caste. By seeing them marching towards his house, his relatives ran away out of fear. Thereafter, all of them came towards the house of the complainant, assaulted him with clubs and damaged the computers, which were kept in the shop of Naveen Kademani. In the meanwhile Dingaleshwar Swamy came in a car near his house and instigated them to finish and if anything happens he would take care of them. Complainant went to the Police Station on 08.06.2015 and lodged a complaint at about 7:45p.m."
15. Gist of FIR in Crime No. 82/2015:
"On 07.06.2015 at about 7:30 p.m. one Kuber Bharamappa Chigari was proceedings towards Police Station from Hanuman Temple. He was wrongfully restrained by one Prahlad Tukaramappa Kattimani and 55 other persons who had formed into an unlawful assembly armed with deadly weapons. They threw chilly powder into his eyes, they abused and assaulted him. He went to the Police Station and lodged a complaint on 10.06.2015 at about 2:15p.m. against them."
16. Thus, upon going through the contents of FIR pertaining to all three crimes and the gist of the accusations, it is obvious that all FIRs came to be registered in respect of the incident that had taken place on 07.06.2015 in between 6:00 to 7.30 p.m. The second and third FIR are nothing but consequence of event which had taken place on 07.06.2015 between 6:00 p.m. to 7.30 p.m. in respect of which the PSI, of Lakshmeshwar Police Station filed a complaint on the basis of which Crime No. 79/2015 came to be registered. It is settled principles of law that there cannot be a second FIR registered for the same offence. It violates Article 21 of the Constitution of India. The second and third FIR registered are also in relation to the very same incident or in respect of the incident for which Crime No. 79/2015 came to be registered. Of course, the Police Officer is duty bound to register the FIR, but no second FIR or third FIR in respect of the same offence or incident forming part of the same transaction. Only earliest or the first information in regard to the commission of a cognizable offence satisfies the requirements of Section 154 of Cr.P.C. The officer in charge of the police station has power to investigate not merely the cognizable offences reported in the FIR but also other connected offences found to have been committed in the course of same transaction or the same occurrence. A second FIR (which is not a cross case) in respect of an offence or different offences committed in the course of same transaction is not only impermissible but it violates Article 21 of the Constitution as laid down by the Hon''ble Supreme Court in the case reported in
"B. Constitution of India - Arts. 226 /227 and 136 and 19 & 21 - Interference with statutory right of police to make investigation into cognizable offence pursuant to lodging of FIR - A just balance has to be struck between citizen''s right under Arts. 19 and 21 and expansive power of police to make investigation - After registering the FIR and commencing investigation, registering of second FIR or successive FIRs in respect of the same incident and crime and making of fresh investigations pursuant thereto would be irregular which call for interference by High Court under Arts. 226 /227 or S. 482 Cr.P.C. and interference by Supreme Court under Art. 136 with the fresh investigation to prevent abuse of statutory power of investigation or otherwise to secure ends of justice."
17. It is relevant to refer to the decision of the Hon''ble Supreme Court reported in
18. If an offence forming part of second FIR arises as a consequence of the offence alleged in the first FIR, then the offences covered by both the FIRs are the same and accordingly, the second FIR will be impermissible in law. In other words, the offences concerned in both FIRs shall have to be treated as part of the first FIR. Thus, a case of fresh investigation based on the second or successive FIRs not being a counter case filed in connection with the same or connected cognizable offence alleged to have been committed in the course of same transaction and in pursuance of which investigation is underway, subsequent FIR are liable to be quashed under Section 482 of Cr.P.C. There is no substance in the stand of the State that the offence under the three FIRs, constituted distinct and separate offences arising out of separate facts. Accordingly, I pass the following:
"ORDER
(i) Both the criminal petitions are allowed.
(ii) The FIR in Crime Nos. 81/2015 and 82/2015 of Lakshmeshwar Police Station are hereby quashed with a direction to the Investigating Officer to proceed with the Investigation of Crime No. 79/2015 by treating the statement of the informant in Crime Nos. 81/2015 and 82/2015 as the statement recorded during the course of investigation in Crime No. 79/2015."
