Subsequent FIR on same allegations against accused amounts to abuse of process of law.

The accused was alleged to have committed offences of house-trespass, theft and wrongful restraint. The Investigating Officer after conducting due inquiry on complaints had noted that the matter was civil in nature and no cognizable offence was made out. The informant was then asked to approach the appropriate forum for the redressal of his grievances. Once the opinion was formed in writing and conveyed to informant that his case is non-cognizable case, the investigating officer station would certainly be precluded from carrying out any further investigation without order of jurisdictional Magistrate. Despite that, subsequent FIR on same allegations against same accused was lodged by flouting legal provisions. The Bombay High Court therefore quashed the subsequent FIR.

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