STATE OF RAJASTHAN versus SURENDRA SINGH RATHORE

STATE OF RAJASTHAN versus SURENDRA SINGH RATHORE

The second FIR was permissible because it dealt with a larger scheme of widespread corruption and had a distinct scope from the earlier FIR; quashing it would have unjustifiably curtailed investigation into that larger conspiracy, hence the High Court's order quashing the second FIR was set aside and the second FIR restored for continued investigation.

Parties
Appellant: State of Rajasthan; Respondent: Surendra Singh Rathore
Jurisdiction
India
Judgment Date
18 February 2025
Procedural Posture
Criminal Appeal / On Appeal From High Court Judgment Quashing FIR
Outcome
Appeal allowed
Legal Topics
Second FIR, Quashing, Inherent Powers of High Court, Abuse of Process, Investigation, Prevention of Corruption Act
Criminal Law Criminal Procedure Anti Corruption Law Second FIR Quashing Inherent Powers of High Court Abuse of Process Investigation +1 more

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Parties

State of Rajasthan

Appellant

Surendra Singh Rathore

Respondent

Procedural Posture

Criminal Appeal / On Appeal From High Court Judgment Quashing FIR

Legal Issues

  1. 1 Whether registration of a subsequent (second) FIR is legally permissible
  2. 2 Whether the High Court was correct in exercising its inherent powers under Section 482 Cr.P.C. to quash the second FIR

Ratio Decidendi

The second FIR was permissible because it dealt with a larger scheme of widespread corruption and had a distinct scope from the earlier FIR; quashing it would have unjustifiably curtailed investigation into that larger conspiracy, hence the High Court's order quashing the second FIR was set aside and the second FIR restored for continued investigation.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court dated 09.09.2022 set aside
  • FIR No.131 of 2022 dated 14.04.2022 restored on the file of the Anti-Corruption Bureau, Jaipur