P. SREEKUMAR versus STATE OF KERALA & ORS.

P. SREEKUMAR versus STATE OF KERALA & ORS.

A second FIR filed as a counter-complaint by a different person (not the complainant in the first FIR) relating to the same incident but containing different allegations is legally maintainable and not prohibited. Such FIR should be tried on its merits; quashing on grounds of multiplicity is unwarranted where complaints provide rival versions.

Parties
Appellant: P. Sreekumar; Respondent: State of Kerala; Respondent: Respondent No.2 (Trustee); Respondent: Respondent No.3 (Treasurer)
Jurisdiction
India
Judgment Date
19 March 2018
Procedural Posture
Criminal Appeal / Appeal From High Court Order Quashing FIR and Charge Sheet
Outcome
Appeal allowed
Legal Topics
Quashing of FIR, Inherent Jurisdiction Under S.482 Cr PC, Counter Complaint, Multiple Firs
Criminal Law Quashing of FIR Inherent Jurisdiction Under S.482 Cr PC Counter Complaint Multiple Firs

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Parties

P. Sreekumar

Appellant

State of Kerala

Respondent

Respondent No.2 (Trustee)

Respondent

Respondent No.3 (Treasurer)

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Quashing FIR and Charge Sheet

Legal Issues

  1. 1 Whether subsequent FIR relating to the same offence is liable to be quashed
  2. 2 Whether counter-complaint (FIR) by different person for same incident is maintainable

Ratio Decidendi

A second FIR filed as a counter-complaint by a different person (not the complainant in the first FIR) relating to the same incident but containing different allegations is legally maintainable and not prohibited. Such FIR should be tried on its merits; quashing on grounds of multiplicity is unwarranted where complaints provide rival versions.

Court Disposition

Appeal allowed

Orders

  • Impugned order passed in Criminal M.C No. 2641/2007 is set aside
  • C.C. No.2682 of 2002 on the file of the JMFC-II, Ernakulum is restored for trial on merits