TaxTMI 
TaxTMI 
TaxTMI 
2022 (8) TMI 1308
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....e, 1973 (for short 'Cr.P.C.') for quashing a First Information Report (FIR) registered at the instance of the respondent no.4. The main ground of challenge by the appellants who were arraigned as accused in the FIR filed by the respondent no.4 was that it was the second FIR based on the same set of facts on which the earlier FIR was registered again at the instance of the respondent no.4. By the impugned judgment, the High Court declined to exercise its jurisdiction under Section 482 of Cr.P.C. 3. An agreement for sale dated 14th June, 2006 was executed by and between the appellants and four others as the vendors and one Prasidh Narayan Rai (the deceased husband of the respondent no.4) as the purchaser. The agreement for sale was executed ....
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....efers to the agreement of 14th June, 2006 executed by the appellants and others. It alleges that the appellant no.1 sold his undivided share on 27th July, 2013 to the appellant no.2, who is also shown as accused in the said FIR. It is alleged that the appellant nos.1 and 2 along with others met the respondent no.4 on 12th October, 2014. At that time, the appellants hurled abuses and they also threatened her. Offences punishable under Sections 406, 419, 420, 467, 468, 504, 506 IPC were alleged in the FIR. 5. The appellants approached the High Court of Allahabad by invoking Section 482 of Cr.P.C. for quashing the first FIR. It is stated in the present appeal that the said petition for quashing is pending in Allahabad High Court in whic....
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....t filed by the respondent no.4. The second FIR also alleges the commission of offences punishable under Sections 419, 420, 406, 467, 468, 471 of IPC. 8. The appellants filed a petition under Section 482 of Cr.P.C. before the High Court questioning the second FIR. The High Court, by the judgment and order dated 11th April 2019, directed that the appellants shall not be arrested till submission of police report under subsection (2) of Section 173 of Cr.P.C. Thereafter, a charge sheet was filed on the basis of the second FIR on 9th June 2019 and a summoning order was passed thereon by the learned Magistrate. The appellants again moved the High Court by way of a petition under Section 482 of Cr.P.C. seeking quashing of the charge sheet as well....
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....th the FIRs is the same. The allegation is that by practising forgery and fraud, the appellant no.1 has sold the subject property to appellant no.2 thereby deceiving the respondent no.4. The second FIR, which is the subject matter of challenge, was registered nearly four years after the first FIR was registered. The challenge to the first FIR is pending before the High Court. These aspects have been completely overlooked by the High Court in the impugned judgment. 12. If multiple First Information Reports by the same person against the same accused are permitted to be registered in respect of the same set of facts and allegations, it will result in the accused getting entangled in multiple criminal proceedings for the same alleged offence.....