In VIJAYCHANDRA PRAKASH SHUKLA Versus STATE OF GUJARAT, the matter before the Hon'ble Gujarat High Court was the filling of a second complaint before the same P.S. for the same complaint. The said action was challenged before the Hon'ble court which held that the law has amply entrusted power with the investigating agency that even if after conclusion of investigation pursuant to filing of the first FIR and even after submission of report under section 173(2) of Cr.P.C., the officer in charge of Police Station comes across any further information pertaining to the same incident, he can make further investigation normally with the leave of the Court and forward further evidence, if collected, and therefore, for the allegation made in the second complaint filed by respondent No.2 before the very same Police Station, there need not be any fresh investigation or registering of a second FIR.
In the light of aforesaid circumstances, if the test of ‘sameness’ is applied to find out whether both the FIRs relate to the same incident in respect to same occurrence or are in regard to the incidents which are in two or more parts of the very same transaction, it would be seen that the answer is clearly in affirmative as the consequential steps which are alleged in the second complaint are having a direct co-relation and connection with the original offence which has been alleged against petitioner No.1 having fraudulently secured the position as Managing Director of the Company and therefore, it appears that merely because some more accused persons are added in the second complaint and some subsequent information is said to have been executed would not alter the situation as it is well within the competence of investigating machinery to consider during the course of investigation of the original complaint while submitting the report and therefore, considering this set of circumstances, this Court is of the opinion that second complaint is not maintainable and this is because of the fact that not only a fair trial is envisaged under the constitutional rights of a citizen, but a fair investigation is also a part and parcel of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India and therefore, investigation also must be in fair, transparent and judicious manner as it is the minimum requirement of rule of law. It is the duty of Investigating Officer to conduct the investigation and avoid any kind of mischief or harassment even to the accused persons as well. As appearing from the record, to continue with the fresh investigation of the second complaint may turn out to be a mischief, coercion or harassment as well since substantially the first complaint is covering almost every part of grievance consequently voiced out in the second complaint.
In the light of aforesaid circumstances, if the test of ‘sameness’ is applied to find out whether both the FIRs relate to the same incident in respect to same occurrence or are in regard to the incidents which are in two or more parts of the very same transaction, it would be seen that the answer is clearly in affirmative as the consequential steps which are alleged in the second complaint are having a direct co-relation and connection with the original offence which has been alleged against petitioner No.1 having fraudulently secured the position as Managing Director of the Company and therefore, it appears that merely because some more accused persons are added in the second complaint and some subsequent information is said to have been executed would not alter the situation as it is well within the competence of investigating machinery to consider during the course of investigation of the original complaint while submitting the report and therefore, considering this set of circumstances, this Court is of the opinion that second complaint is not maintainable and this is because of the fact that not only a fair trial is envisaged under the constitutional rights of a citizen, but a fair investigation is also a part and parcel of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India and therefore, investigation also must be in fair, transparent and judicious manner as it is the minimum requirement of rule of law. It is the duty of Investigating Officer to conduct the investigation and avoid any kind of mischief or harassment even to the accused persons as well. As appearing from the record, to continue with the fresh investigation of the second complaint may turn out to be a mischief, coercion or harassment as well since substantially the first complaint is covering almost every part of grievance consequently voiced out in the second complaint.
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