FIR – Second FIR – Registration of – Permissibility – When – FIR registered against the respondent-Chief Executive Officer-cumProject Director, Bio-fuel Authority, for allegedly demanding bribe for the sale of bio-diesel and for renewal of the license of the complainant, u/s.7 and 7A of the P.C. Act – Subsequently, second FIR registered against the respondent for taking bribes to grant licenses to run bio-fuel pumps – Middlemen, put on surveillance and details of the alleged conspiracy recorded in detail – Respondent sought quashing of the second FIR – Allowed by the High Court – Justification:
Held: Registration of second FIR permissible when it is countercomplaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered; when the ambit of the two FIRs is different even though they may arise from the same set of circumstances; when investigation and/or other avenues reveal the earlier FIR or set of facts to be part of a larger conspiracy; when investigation and/or persons related to the incident bring to the light hitherto unknown facts or circumstances; and where the incident is separate; offences are similar or different – On facts, the High Court found that the two FIRs were indeed in regard to the same offence and, thus, not maintainable, however, the scope of the two FIRs, are distinct – FIR prior in point of time refers to a particular incident and the action taken therein is limited – Second FIR pertains to the larger issue of widespread corruption in the concerned department and, thus, is much larger in its scope than the previous FIR – Quashing of the FIR would stop the investigation into such corruption which would be against the interest of society – Thus, the impugned judgment set aside and the second FIR restored on the file and ordered continuation of investigation. [Paras 9-12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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