Kerala High Court: 2nd FIR based on same allegations cannot be registered, when 1st FIR quashed on merits


Deepali Kalia – 

The Kerala High Court dismissed a petition filed by former Kerala Chief Minister VS Achuthanandan from the left front which had sought to overturn an order by the Enquiry Commissioner and Special Judge, Thiruvananthapuram rejecting complaint filed by him.

It was held by the Court that a second FIR cannot be registered when the first FIR based on the same allegations had been quashed on merits.

Special Judge was fully justified in rejecting the complaint, since a second FIR based on the very same allegations cannot be registered, more so when the first FIR has been quashed on merits,” Justice VG Arun stated.

Achuthanandan had contended in his original complaint that a sewage line was laid through Avruthi Mall Management Co. Ltd, the 6th respondent’s property, was diverted to one side of the property in 2013-2014.

The construction as a result by the Water Authority was affected and it gave an unfair pecuniary advantage to all the respondents.

Oommen Chandy, Congress leader and respondent no. 2 in the case was the Chief Minister at that point of time.

The complaint argued that respondents had committed offences punishable under Section 120B (criminal conspiracy) of the Indian Penal Code read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

A complaint on the same grounds was filed before the Lok Ayukta prior to the present complaint. The High Court had then quashed that FIR on the basis that the actions of the accused do not fall under the provisions of the Prevention of Corruption Act as no unfair monetary gain was made by the respondents.

In light of the judgment rendered by the High Court with respect to the previous FIR, the Enquiry Commissioner and Special Judge had rejected the complaint by Achuthanandan.

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