Kapil and Others vs The State of Rajasthan

R.S. Chauhan, J.—The Petitioners are aggrieved by FIR No. 193/08 registered at Police Station Raini, District Alwar for fences under Sections 143, 332, 353 Indian Penal Code.

The brief facts of the case are that on 10.12.2008 while the girls were giving their exams in Government Secondary School, Garhi Sawairam, allegedly the Petitioners entered into the school, disturbed the exams and misbehaved with some of the young ladies. Immediately, the Principal of the School lodged a FIR, which was registered as FIR No. 192/2008 at Police Station Raini for offences under Sections 332/353 Indian Penal Code. But on the same day, one Mr. Ramphool also lodged a FIR with regard to the same incident. The said FIR was registered as FIR No. 193/2008. In the above-mentioned FIR, the police had submitted a negative Final Report. However, vide order dated 25.02.2010, the learned Magistrate has disagreed with the negative Final Report and has directed the police to take effective and serious steps and to apprehend the accused persons.

Mr. Kapil Gupta, the learned Counsel for the Petitioner, contends that it is a settled principle of law that two FIRs cannot exist on the same set of fact arising out of the same incident. Since the police has already started investigation in FIR No. 192/2008, the further investigation in the FIR No. 193/2008 should be quashed and set aside. Secondly, FIR No. 193/2008 is nothing to but a warraning to the police to hand over the culprits to the Meena Community otherwise the members of the community would go on an agitation.

On the other hand, the learned Public Prosecutor has conceded, and in the opinion of the Court rightly so, that two FIRs cannot co-exist with regard to the same incident.

The legal position is rather clear on the issue whether two FIRs can co-exist with regard to the same incident or not. Since two FIRs cannot co-exist with regard to the same incident, since investigation in FIR No. 192/08 is still continuing, this Court has No. hesitation in quashing and setting aside the FIR No. 193/2008. However, it is hoped that police would thoroughly investigate the incident as narrated in FIR No. 192/2008 and would carry out a fair investigation.

With these observations, this petition is, hereby, allowed.