Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Two FIRs filedin relation to the same offence and against the same accused –Whether the subsequent FIR was liable to be quashed – In the instantcase, appellant was Chief Executive Trustee of a Trust and respondentno.2 was one of the trustees and respondent no.3 was treasurer ofthe Trust – Respondent no.2 filed a complaint against the appellant,respondent no.3 and three bank officials alleging that they conspiredtogether to defraud the Trust and siphoned off around Rs.42 lacsof the Trust – FIR was registered – Subsequently, appellant alsofiled an FIR against respondent no.3 alleging fraud and forgery –Appellant failed in seeking quashing of proceedings pending againsthim – However, respondent no.3 successfully moved applicationfor quashing of FIR filed against him by appellant on the groundthat he cannot be made to face two trials on the same set of factsand for same offences in two different courts – Hence appeal –Held: The second FIR filed by the appellant against respondentNo.3 though related to the same incident for which the first FIR wasfiled by respondent No.2 against the appellant, respondent No.3and the three Bank officials, yet the second FIR was legallymaintainable and could be entertained for being tried on its meritsfirstly since the second FIR was not filed by the same person, whohad filed the first FIR, secondly it was filed by the appellant as acounter-complaint against respondent No.3 and thirdly the first FIRwas against five persons based on one set of allegations whereasthe second FIR was based on the allegations different from theallegations made in the first FIR – Trial against respondent no.3restored to its file for being tried on merits in accordancewith law. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 246 |
Petitioner | P. Sreekumar |
Respondent | State Of Kerala & Ors. |
SCR | [2018] 3 S.C.R. 665 |
Judgement Date | 2018-03-19 |
Case Number | 408 |
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