Court rules successive FIRs for the same incident as impermissible, citing violation of double jeopardy principles.
In a significant ruling, the Delhi High Court quashed two FIRs against MLA Kuldeep Kumar and others related to a Tiranga Yatra held on Independence Day, 2021, citing that multiple FIRs for the same incident violate constitutional protections against double jeopardy. Justice Swarana Kanta Sharma delivered the judgment, emphasizing that the FIRs arose from a single continuous transaction and met the "test of sameness," thus rendering the registration of successive FIRs impermissible.
The case involved three FIRs registered at different police stations across Delhi, alleging violations of COVID-19 protocols during the Tiranga Yatra led by Kuldeep Kumar. The petitioners argued that these FIRs stemmed from one single incident and sought their quashing. The court agreed, highlighting that the procession's movement through different jurisdictions did not constitute separate incidents.
The High Court referenced several Supreme Court judgments, including T.T. Antony v. State of Kerala, which prohibits successive FIRs for the same transaction, and upheld the principle that double jeopardy, as enshrined in Article 20(2) of the Constitution, protects individuals from being prosecuted and punished multiple times for the same offense.
The court also clarified that its decision does not preclude the registration of separate FIRs in cases where distinct incidents or larger conspiracies are involved. However, in this case, the court found no such distinctions.
With this judgment, the High Court has reinforced the legal precedent against multiple prosecutions for the same act, ensuring fair application of law and protection of individual rights.
Bottom Line:
Registration of multiple FIRs relating to the same transaction or incident is impermissible under the "test of sameness." Continuation of criminal proceedings arising out of successive FIRs for the same alleged act violates the constitutional protection against double jeopardy.
Statutory provision(s): Section 482 of Cr.P.C., Section 188 of IPC, Article 20(2) of the Constitution of India, Section 300 of Cr.P.C.
Kuldeep Kumar v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2952891
