Thereafter, a second FIR was filed against him at Vidhan Saudha Police Station in Karnataka for offences under Sections 506(1) (Punishment for criminal intimidation), 505(1)(c), 505(1)(b), 505(2) (Statements conducing to public mischief), 153A (promoting enmity between different groups on the ground of religion), 109 (punishment for abatement), and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code
The petitioner has approached the Supreme Court seeking quashing of the second FIR filed in Karnataka.
The plea filed through advocate A Lakshminarayanan raised the following grounds:
(i) The second FIR has same facts as the first FIR and therefore, not maintainable as parallel investigations on the same facts cannot be allowed. In this regard, the plea placed reliance on the judgments in TT Anthony v. State of Kerala and Arnab Goswami v. Union of India.
(ii) Petitioner’s fundamental right under Article 21 is violated.
“Two parallel investigations being undertaken in two different jurisdictions by two different investigating agencies in regard to the same cause of action is violative of petitioner’s right to fair investigation,” the plea contended.
(iii) Petitioner would not be in a position to approach different courts in different jurisdictions and there might be conflicting orders.
Source: Barandbench
