Lawstreet Journal

A second FIR based on the very same allegations cannot be registered when the first FIR has been quashed on merits: Kerala High Court

Lawstreet Journal 29 Jun 2021 10:25pm

Image courtesy: Lawstreet Journal Judiciary A second FIR based on the very same allegations cannot be registered when the first FIR has been quashed on merits: Kerala High Court

Recently, a Single Bench of Kerala High Court comprising Justice VG Arun while dismissing a petition stated that a second FIR based on the very same allegations cannot be registered, more so when the first FIR has been quashed on merits.

Background

Former Kerala Chief Minister V.S. Achuthanandan had approached the Kerala High Court challenging an order of the Enquiry Commissioner and the Special Judge at Thiruvananthapuram, who dismissed the complaint filed by the petitioner against respondents under the Prevention of Corruption Act.

The petitioner, the former chief minister had complained that the main sewerage pumping line of Kerala Water Authority, which was initially laid diagonally through the property of respondent Avruthi Mall Management Co Ltd, was shifted to a part of this property, which effectuated construction over a larger area.

It was also submitted that this shift will give undue pecuniary benefit to all respondents by decreasing the government property into their possession. 

Achuthanandan further claimed that the order authorizing the shifting of the pipeline was issued by suppressing adverse reports and in violation of the prescribed procedure. Therefore, the accused is punishable under Section 120B IPC (Punishment of criminal conspiracy) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 (which deals with Criminal misconduct by a public servant). However, the court opined that the facts stated were not in dispute, because another public-spirited citizen had, earlier, filed a complaint before the Lok Ayukta.

Further, counsel for the petitioner contended that it would be unfair to… Continue Reading...


Tagged: kerala high court   Corruption  
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