A Second FIR Based On The Very Same Allegations Cannot Be Registered When The First FIR Has Been Quashed On Merits: Kerala High Court

The Kerala High Court while dismissing a petition ruled that a second FIR based on the very same allegations cannot be registered, more so when the first FIR has been quashed on merits. V. S. Achuthanandan, the former Chief Minister of Kerala, approached the Court against the order of the Enquiry Commissioner and Special Judge, Thiruvananthapuram dismissing the complaint filed by the petitioner against respondents under the Prevention of Corruption Act. During the period 2013-14, while the 2nd respondent (OOmmmen Chandy) was the Chief Minister and respondents 3 to 5 were high ranking officials in the Government. The petitioner in the complaint had alleged that a main sewerage pumping line of the Kerala Water Authority which was initially laid diagonally through the property of respondent Avruthi Mall Management Co. Ltd. was shifted to a part of this property, which effectuated construction over a larger area. It was contended that this shift enabled all respondents to gain an undue pecuniary advantage by reducing the Government property into their possession.