HYDERABAD: A division bench of the Telangana High Court has recently ruled that it is “trite law” that more than one FIR cannot be filed in connection with the same offence. According to the established legal precedents, even when several FIRs are filed, the subsequent FIRs should be recognised as statements made under Section 162 of the Criminal Procedure Act, 1973, and sent to the police station where the main case is being investigated. The division bench said that they did not feel the need to discuss the merits and maintainability of the writ appeals because of the aforementioned clarification. It goes without saying that the Investigating Agency must meticulously adhere to the prescribed protocol and provide an impartial inquiry.
The grievance raised by the appellants in all 42 writ appeals is that a single judge ordered the Police Station concerned to register the complaints made by the writ petitioners in relation to M/s. Sahithi Infratech Ventures India (P) Ltd. and then to transfer the FIRs to Central Crime Station, Detective Department, Hyderabad for investigation in all the crimes without giving the appellants notice or an opportunity to be heard.
Moreover, it has been ordered that the investigation be expedited and concluded as soon as feasible, ideally within three months of the date on which a copy of the aforementioned order is received.
The appellants are B Lakshmi Narayana’s wife, Boodati Parvathi, and their son, B Lakshmi Narayana, Director of M/s Sahithi Infratech Investments India Private Limited, which develops apartments. Those who had reserved apartments in the construction project filed the associated writ petitions, alleging different causes against the developer and asking for the formation of a FIR against him or her.
Despite the fact that this Court had expressed the opinion that an intra-court appeal under clause 15 of Letters Patent would not be maintainable against such a direction from the Single Judge in light of the Supreme Court’s ruling in Ram Kishan Fauji v. State of Haryana, this Court had nonetheless asked the Government Pleader for Home to inform the Court of the developments made as a result of the Single Judge’s instructions.
M Roopender, a government pleader in the hearing, asserted that although FIRs were filed at various police stations in accordance with the Single Judge’s instructions, they have now been forwarded to the Central Crime Station, Detective Department, Hyderabad. The CCS has begun an investigation. The Division Bench made up of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, concluded hearings with the appellants and the Government Pleader (Home) and closed all 42 writ appeals.