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Criminal LawSupreme Court of India

P. Sreekumar v. State of Kerala & Ors.

Criminal Appeal · 2018 INSC 246Decided 19 Mar 2018
Criminal Appeal No. 408 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The appellant, a Chief Executive Trustee of a charitable trust running schools in Kerala, was named in an FIR alleging he and others had siphoned off about Rs. 42 lakh from the trust's bank accounts. He, in turn, filed a separate FIR against the trust's Treasurer (respondent No. 3) alleging that the Treasurer was the one who had actually committed the fraud. The Treasurer approached the Kerala High Court to quash this second FIR on the ground that he could not be tried twice for the same incident, and the High Court agreed and quashed it.

Decision Breakdown

The Supreme Court held that the High Court had committed a jurisdictional error by quashing the second FIR without properly applying the settled law on multiple FIRs, particularly the three-judge bench decision in Upkar Singh v. Ved Prakash, which permits a counter-complaint/FIR giving a different version of the same incident. The Court found that the second FIR was a genuine counter-complaint filed by a different person (the appellant, not the original complainant), based on a different set of allegations against a different person (the Treasurer), making it legally maintainable rather than a prohibited duplicate FIR. The appeal was allowed, the High Court's quashing order was set aside, and the case was restored to the Magistrate's court for trial on merits, to be completed within one year.

Lesson Learnt

Filing a second FIR relating to the same incident is not automatically barred: a genuine counter-complaint by a different person, alleging a different version of events against a different accused, is legally permissible and must be tried on its merits rather than quashed at the threshold.

P. Sreekumar v. State of Kerala & Ors. – Legal Case Shots | LegalAware