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TMI Blog2022 (8) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... s sold the subject property to appellant no.2 thereby deceiving the respondent no.4. The second FIR, which is the subject matter of challenge, was registered nearly four years after the first FIR was registered. The challenge to the first FIR is pending before the High Court. If multiple First Information Reports by the same person against the same accused are permitted to be registered in respect of the same set of facts and allegations, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence. Therefore, the registration of such multiple FIRs is nothing but abuse of the process of law. Moreover, the act of the registration of such successive FIRs on the same set of facts and allegat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased husband of the respondent no.4) as the purchaser. The agreement for sale was executed by the appellants and four others in respect of their 5/6th undivided share in House Nos. B.12/120A, B.12/121, B.12/122, B.12/124 and B.12/125 situated at Mohalla Gauriganj, Nagar Nigam Ward Bhelupura, Varanasi city and House No. B. 15/71, B. 15/72, B. 15/81 and B. 15/91 situated at Mohalla Faridpura, Nagar Nigam Ward Bhelupura, Varanasi city. The agreed consideration was Rs.19,80,000/. A sum of Rs.15,00,000/was paid by the late husband of the respondent no.4 to the appellant and other vendors as earnest money. In the year 2014, a written complaint was made by the respondent no.4 to the Station House Officer (S.H.O.) Police Station Bhelupur, V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present appeal that the said petition for quashing is pending in Allahabad High Court in which there is an interim order restraining the Police from taking coercive action on the basis of the first FIR. The interim order was passed on 17th February 2017. 6. The respondent no.4 filed a civil suit in the Civil Court at Varanasi in the year 2017 against the appellants and four others for specific performance of the said agreement dated 14th June, 2006. The said suit is being contested by the appellants. 7. On 13th September 2019, the respondent no.4 lodged one more FIR being FIR No.0177 in the same Police Station in which the appellants herein were shown as accused. The allegations made by the respondent no.4 in FIR No.0177 (for shor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court by way of a petition under Section 482 of Cr.P.C. seeking quashing of the charge sheet as well as summoning order issued on the basis of the second FIR. By the impugned judgement, the learned Judge of the High Court held that a prime facie case to proceed against the appellants was made out. 9. We have heard the learned counsel appearing for the appellants who submitted that both the first and second FIRs are based on the same set of facts and the same cause of action. Relying upon decisions of this Court in the case of Upkar Singh v. Ved Prakash (2004) 13 SCC 292 and T.T. Antony v. State of Kerala (2001) 6 SCC 181, the learned counsel submitted that registration of second FIR is a gross abuse of process of law. 10. Though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence. Therefore, the registration of such multiple FIRs is nothing but abuse of the process of law. Moreover, the act of the registration of such successive FIRs on the same set of facts and allegations at the instance of the same informant will not stand the scrutiny of Articles 21 and 22 of the Constitution of India. The settled legal position on this behalf has been completely ignored by the High Court. 13. Accordingly, the appeal must succeed. The FIR No. 0177 of 2019 registered at Bhelupur Police Station in District Varanasi, charge sheet dated 12th July 2019 on the basis of the said FIR and the summoning order dated 12th July ..... X X X X Extracts X X X X X X X X Extracts X X X X
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