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2001 DIGILAW 1240 (MAD)

V. Etiappan v. S. P. , Chingleput

2001-10-15

P.D.DINAKARAN

body2001
ORDER: The petitioners are arraigned as accused in Crime No. 404 of 2001 on the file of the second respondent police station on the basis of a complaint lodged by one K. Raghavan on 4.6.2001 for the offences punishable under Secs. 420 , 406 and 506(H), I.P.C. with regard to an alleged occurrence said to have taken place on 21.4.2000, wherein the petitioners/accused were said to have collected a sum of Rs. 1,050 from each of the 600 families living in Bharathiar Nagar within the jurisdiction of the Neelankarai Police Station, representing that they would get free patta for 600 houses; and on questioning by the complainant and similarly placed persons for not getting free patta to any of the 600 houses, the accused scolded and threatened them with a gun that they would do away the complainant and others. However, similar crimes were also registered by the second respondent on the complaint lodged by different persons for similar offences, which are stated below: (i) Crime No.497 of 2001 lodged by one P. Shanmugam on 6.7.2001 with regard to an alleged occurrence said to have taken place on 6.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C.; (ii) Crime No.498 of 2001 lodged by one G.K. Elumalai on 6.7.2001 with regard to an occurrence said to have taken place on 6.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C; (iii) Crime No. 504 of 2001 lodged by one Sankaran on 6.7.2001 with regard to an alleged occurrence said to have taken place on 6.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C.; (iv) Crime No.505 of 2001 lodged by one N. Arumugam on 7.7.2001 with regard to an alleged occurrence said to have taken place on 7.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C; (v) Crime No. 507 of 2001 lodged by one M. Lakshmanan on 8.7.2001 with regard to an alleged occurrence said to have taken place on 8.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C; (vi) Crime No.508 of 2001 lodged by one K. Malaiyappan on 8.7.2001 with regard to an alleged occurrence said to have taken place on 8.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C; (vi) Crime No.508 of 2001 lodged by one K. Malaiyappan on 8.7.2001 with regard to an alleged occurrence said to have taken place on 8.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C.; (vii) Crime No.5l0 of 2001 lodged by one Sundar Raj on 9.7.2001 with regard to an alleged occurrence said to have taken place on 9.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C; (viii) Crime No. 511 of 2001 lodged by one Kesavan on 9.7.2001 with regard to an alleged occurrence said to have taken place on 9.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C; (ix) Crime No. 517 of 2001 lodged by one Munusamy on 10.7.2001 with regard to an alleged occurrence said to have taken place on 10.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C; (x) Crime No. 518 of 2001 lodged by one Venkatesan on 10.7.2001 with regard to an alleged occurrence said to have taken place on 10.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C; (xi) Crime No. 519 of 2001 lodged by one Siva on 11.7.2001 with regard to an alleged occurrence said to have taken place on 11.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C.; (xii) Crime No. 520 of 2001 lodged by one Kumar on 11.7.2001 with regard to an alleged occurrence said to have taken place on 11.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C.; (xiii) Crime No.529 of 2001 lodged by one Ramachandran on 13.7.2001 with regard to an alleged occurrence said to have taken place on 13.7.2001 for the offences punishable under Secs.420 , 406 , 341 and 506(ii), I.P.C; and (xiv) Crime No. 530 of 2001 lodged by one Parimala on 13.7.2001 with regard to an alleged occurrence said to have taken place on 13.7.2001 for the offences punishable under Secs. 420 , 406 , 341 and 506(ii), I.P.C. 2. Mr. R. Shanmugasundran, learned senior counsel appearing on behalf of the petitioners, placing reliance on the decision in T. T. Antony v. State of Kerala , (2001)6 S.C.C. 181 . 420 , 406 , 341 and 506(ii), I.P.C. 2. Mr. R. Shanmugasundran, learned senior counsel appearing on behalf of the petitioners, placing reliance on the decision in T. T. Antony v. State of Kerala , (2001)6 S.C.C. 181 . seeks to quash Crime Nos.504, 498, 518, 520, 510, 529, 517, 519, 507, 505, 497, 508, 530 and 511 of 2001 in Crl.O.P. Nos.15919 to 15932 of 2001 respectively, contends that there can be no second F.I.R. and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or same occurrence, giving rise to one or more cognizable offences; and that the only information about commission of a cognizable offence which is first entered in the Station House Diary by the officer in charge of the police station, can be recorded as F.I.R under Sec. 154 , Crl.P.C. and such subsequent information will be covered by Sec. 162, Crl.P.C. 3. Per contra, Mr. M. Maharaja, learned Government Advocate, inviting my attention to the respective complaints, submits that even though it is held in T.T. Antony v. State of Kerala , (2001) 6 S.C.C. 181 that there can be no second F.I.R. and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences, as and when different offences are made out based on different occurrences by different complainants, the same could be registered, as the same is not barred even as per the said decision. 4. I have given a careful consideration to the submissions of both sides. 5.1 The ratio laid down in T.T. Antony v. State of Kerala , (2001) 6 S.C.C. 181 is not strictly applicable to the facts and circumstances of the instant case, as the allegations levelled against the petitioners/accused in these O.Ps. are with reference to the demand and collection of Rs. 1,050 from each of the 600 families and the decision of such collection was taken on 4.6.2001, while the decision in T.T. Antony v. State of Kerala , (2001) 6 S. C. C. 181 relates to a single occurrence said to have taken place on 25.11.1994. are with reference to the demand and collection of Rs. 1,050 from each of the 600 families and the decision of such collection was taken on 4.6.2001, while the decision in T.T. Antony v. State of Kerala , (2001) 6 S. C. C. 181 relates to a single occurrence said to have taken place on 25.11.1994. Therefore, strictly speaking, in my considered opinion, the ratio laid down in T.T. Antony v. State of Kerala , (2001) 6 S.C.C. 181 to the effect that there can be no second F.I.R. and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offences, is not applicable to the facts and circumstances of the instant case. 5.2. However, it is not disputed by the learned Government Advocate that all the complainants speak about the inducement of the petitioners/ accused for payment of Rs.1,050 from each of the 600 families for grant of free patta to them, in meeting held on 21.4.2000. However, the date of questioning by the complainants out of the 600 families for not getting free patta as well as the consequential threat by the petitioners/accused, as alleged, differ. 5.3 Considering these relevant facts and circumstances of the case, I am obliged to pass the following order: (i) Except the first complaint registered as Crime No. 404 of 2001 lodged by one K. Raghavan on 4.6.2001 for the alleged inducement/demand and collection of Rs. 1,050 from each of the 600 houses located at Bharathi Nagar, within the jurisdiction of the Neelankarai Police Station for grant of free patta to each of the houses, which ultimately culminated into the charge of cheating, punishable under Sec.420, I.P.C., all the other complaints registered in Crime Nos. 504, 498, 518, 520, 510, 529, 517, 519, 507, 505, 497, 508, 530 and 511 of 2001 in Crl.O.P.Nos.l5919to 15932 of 2001 respectively, stand quashed in so far as the said complaints are related to the occurrences said to have taken place on 21.4.2000 and 4.6.2000; but without prejudice to the rights of the second respondent to register and proceed with the complaints lodged by other complainants out of the 600 families, if such complaints are not related to the inducement said to have been made by the petitioners/accused on 21.4.2000, viz., the demand and collection of a sum of Rs. 1,050 from each of the 600 families. 1,050 from each of the 600 families. (ii) It is made clear that the second respondent is entitled to take the complaints in Crime Nos.504, 498, 518, 520, 510, 529, 517, 519, 507, 505, 497, 508, 530 and 511 of 2001 in Crl.O.P.Nos.15919 to 15932 of 2001 respectively, as statements under Secs. 161 and 162, Crl.P.C. as a preliminary evidence and proceed as per law and apart from the said statements, the second respondent is also entitled to take up further investigation in the matter, if they are so advised. (iii) It is further made clear that even if the complainant in Crime No. 404 of 2001, viz., K. Raghavan, withdraws his complaint, the second respondent, still can proceed with the investigation against the petitioners/accused with regard to the alleged occurrence said to have taken place on 21.4.2000 and 4.6.2000 in so far as such aggrieved persons are concerned as well as on receipt of every subsequent information in respect of any fresh occurrence relating to the demand of the said amount to have been collected by the petitioners/accused from the said 600 families, unless and otherwise all of them withdraw their complaints relating to the demand by the other families. The above Crl.O.Ps. are ordered accordingly. Consequently, Crl.M.P.Nos. 5483 to 5496 of 2001 are closed. B.S.-----Petitions ordered.