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HC Rules against Parallel Probes on Similar FIRs

Published: 27th July 2015 06:23 AM  |   Last Updated: 27th July 2015 06:23 AM   |  A+A-

HYDERABAD: Hyderabad High Court has ruled that simultaneous investigation on two or more FIRs cannot be permitted though the FIRs may be registered at different police stations in connection with the same incident. Justice U Durga Prasad Rao issued the order on a petition filed by Bhadram, prime accused in a case, seeking to quash proceedings against him at the Balanagar police station, Cyberabad.

The petitioner used to visit a cloth store owned by one Mallesh and gradually, developed intimacy with the latter’s daughter, who was preparing for civil services examination. He trapped her in a love affair. Her father came to know of it when he was finalizing an alliance for her. Bhadram then allegedly began threatening the girl to marry him. Her father recorded the acts of the accused in a digital camera.

One day, the accused, accompanied by a police inspector (A4) and others, went to Mallesh’s residence allegedly in an inebriated condition and created a nuisance.

The accused also reportedly assaulted Mallesh’s younger daughter in the presence of the inspector The next day, he once again went to Mallesh’s residence, armed with a revolver, and threatened the family.

Mallesh then lodged a complaint at the Balanagar police station where the investigation is pending. Bhadram then moved the high court for relief.

While denying the charges, the counsel for the petitioner prayed for dismissal of proceedings on the ground that the daughter of the complainant had filed a report against his client at the Bowenpally police station too seeking action under various sections of the IPC and Arms Act. As investigation is pending in that matter and the accused obtained anticipatory bail, he pointed out and said the case registered at Balanagar police station was not maintainable under law.

After hearing both the sides and perusing the material on record, the judge found that the FIR contains strong prima facie evidence against all the accused. The contents in both the FIRs contain same set of facts and allegations except for narrative differences. Both the FIRs were lodged within a gap of one hour.

Relying upon a judgment of the High Court in Akbaruddin Owaisi vs Government of AP case in 2013, Justice Durga Prasad Rao said the decision of the High Court applies to the present case also since two successive FIRs are registered in two different police stations in respect of same set of facts. Therefore, simultaneous and parallel investigation in the two FIRs cannot be permitted, he ruled.

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