Court rules subsequent FIR for same allegations violates legal process, reinforcing principles of criminal jurisprudence.
In a significant judgment, the Rajasthan High Court, Jaipur Bench, has quashed a second FIR lodged against Ishita Bhardwaj and her co-petitioner Yashraj Bhardwaj, marking a critical reaffirmation of legal precedents concerning the impermissibility of registering multiple FIRs for the same incident and allegations. The court, presided over by Justice Anoop Kumar Dhand, emphasized that such actions constitute an abuse of the legal process, contravening established principles under Indian law.
The case revolved around the prosecutrix, identified as 'AG', who initially filed a complaint in February 2020 against Yashraj Bhardwaj, alleging offenses including rape, criminal intimidation, and assault, purportedly committed during their live-in relationship. The complaint was lodged under Section 190 of the Criminal Procedure Code (CrPC) before the Chief Metropolitan Magistrate in Jaipur.
Subsequently, in July 2020, 'AG' registered another FIR at the Jawahar Circle Police Station, Jaipur, reiterating the same allegations. However, the prosecutrix later withdrew her original complaint in July 2021, leading to legal scrutiny over the legitimacy of the second FIR.
The court's decision draws heavily from precedent cases, including T.T. Antony v. State of Kerala and Amitbhai Anilchandra Shah v. Central Bureau of Investigation, which articulate that only the first FIR for a cognizable offense is valid under Section 154 CrPC. Justice Dhand highlighted that filing multiple FIRs for identical incidents not only abuses the legal process but also breaches Article 21 of the Constitution, which guarantees protection against double jeopardy and ensures fair legal proceedings.
Moreover, allegations against Ishita Bhardwaj concerning the sending of abortion pills were scrutinized. The court found these claims unsubstantiated, emphasizing that mere dispatch of such pills does not fulfill the legal criteria for causing miscarriage under Sections 312 and 313 of the Indian Penal Code (IPC), which necessitate evidence of voluntary action and intent to cause miscarriage.
The judgment reinforced that subsequent FIRs cannot be utilized to initiate fresh investigations for the same incident, unless new and distinct facts emerge, in accordance with Section 173 CrPC. The decision underscores the judiciary's commitment to uphold procedural integrity and prevent misuse of investigative powers.
The Rajasthan High Court's ruling serves as a reminder of the legal safeguards against repetitive prosecution and sets a precedent for handling similar cases, ensuring that justice is not circumvented by procedural irregularities.
Bottom line:-
Lodging a second FIR for the same incident and allegations constitutes an abuse of the process of law and is impermissible under the scheme of the Criminal Procedure Code.
Statutory provision(s):
Criminal Procedure Code, 1973 - Sections 154, 156, 190, 192, 482;
Indian Penal Code - Sections 312, 313, 376(2)(n), 323, 341, 384, 498A;
Constitution of India - Articles 21, 226, 227
Ishita Bhardwaj v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2893476
