ASHRAF Vs. ABDU RAHMAN

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. to quash Annexure II First Information Report.

(2.) The relationship between the petitioner herein and his wife is not cordial rather a strained one. In the wedlock, there is a child namely Irfan aged only six years. Irfan sustained burn injuries as well as there is a case that he was assaulted. In respect of the said infliction of injuries, now there are two crimes registered upon the statements of the parents. Two different versions are before the Police. The version of the father of the child is that the injury is inflicted by the wife's relatives. The case of the wife is that it is inflicted by the father and his relatives. Place, time and accused are different as per the version. On the crime registered upon the statement of the father, Police filed charge sheet citing the father and the child as witnesses. It is now before the Court of Sessions, Kozhikode as S.C.No.1116/2005. The crime registered by the Police on a complaint of mother forwarded under Section 156(3) of Cr.P.C. from court, Police conducted investigation and a statement of the victim under Section 164 of Cr.P.C. is seen recorded . The report submitted before this court by the Police shows that the stand of the police after investigation in the crime registered upon the complaint of the mother is that burn injuries were inflicted on the child by his father and his relatives. Father of the child is the petitioner herein.

(3.) When the petition came up for hearing, the learned counsel appearing for the petitioner submitted before me that there cannot be two FIR on the very same incident. Hence when thorough investigation was conducted and charge filed, the only option available will be a further investigation under Section 173(8) of Cr.P.C. The court erred in forwarding the complaint under Section 156 (3) of Cr.P.C. to the Police and further the Police erred in registering a crime upon the complaint as already an investigation was over and a report filed.