Gauhati High Court Ends Multiple FIRs In Vision 50 Scam | Successive Cases Identical And Violate Natural Justice | Orders Single Probe By Patharkandi Police
Safiya Malik
The High Court of Gauhati Single Bench of Justice Parthivjyoti Saikia issued a decisive judgement directing the merger of two criminal cases—Kokrajhar P.S. Case No. 61/2025 and Gossaigaon P.S. Case No. 31/2025—with Patharkandi P.S. Case No. 54/2025. Stating the principle that identical FIRs arising from the same incident should not result in multiple investigations, the Court observed that such duplicative proceedings breach natural justice and cause undue hardship to the accused. The Court ordered that the Patharkandi Police Station undertake a consolidated investigation into the entire matter.
The directive came in response to petitions filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, wherein the petitioners sought either the quashing of the FIRs or, alternatively, the merger of all subsequent cases with the original FIR. The High Court allowed the alternative prayer, citing binding precedent and the statutory bar on multiple FIRs for the same cognizable offence.
On 21 February 2025, Inspector of Police Someswar Konwar filed an FIR stating that 274 students appeared in the Physics examination of Class XII CBSE at Central Public School (CPS), Patharkandi. Of these students, 15 were from Adarsha Bidyalaya, Patharkandi, and 45 were from CPS. The remaining 214 students, though enrolled at CPS, were in fact attending classes under the “Vision 50” programme conducted by the University of Science and Technology, Meghalaya (USTM).
According to the FIR, USTM authorities promised these 214 students that they would receive assistance from invigilators during the examination to ensure their success. When such assistance was not provided, the students alleged that invigilators had instead helped 45 students of CPS to adopt unfair means. Further, several students accused USTM of charging them ₹5 lakh each for ensuring they would clear the examination.
The FIR named the Vice-Chancellor of USTM and five other USTM officials. Based on this complaint, Patharkandi P.S. Case No. 54/2025 was registered.
Subsequently, on 24 February 2025, the General Secretary of a student organisation based in Kokrajhar lodged another FIR. This complaint alleged that USTM had trafficked students from various districts of Assam to Sribhumi for examination purposes under promises of facilitating unfair practices and future admissions into engineering and medical colleges. This led to the registration of Kokrajhar P.S. Case No. 61/2025.
A third FIR was lodged on 25 February 2025 by Lilawati Basumatary of Gossaigaon, whose daughter participated in the Vision 50 programme. She reiterated the allegations in the earlier FIRs and claimed that the accused had also colluded with CBSE officials. Her FIR was registered as Gossaigaon P.S. Case No. 31/2025.
In response, the accused petitioners filed applications under Section 528 of the BNSS, 2023, seeking either quashing of the latter two FIRs or their merger with the first FIR. They stated that the allegations and the parties involved were identical in all three FIRs.
The petitioners argued that being required to appear in different jurisdictions for the same allegations would be oppressive. Their primary relief sought was the consolidation of the cases to prevent multiple investigations of identical facts.
"The petitioners have pressed the alternative prayer more vigorously than the other prayer for quashing of the proceedings." The Court noted that the same set of facts and individuals appeared in all three FIRs.
Referring to the case of State of Rajasthan v. Surendra Singh Rathore, 2025 SCC OnLine 358, the Court quoted: "9.5 Where the incident is separate; offences are similar or different."
However, it stated that such principles apply only when FIRs pertain to distinct transactions, which was not the case here. The Court observed: "In T.T. Antony v. State of Kerala [(2001) 6 SCC 181], the Supreme Court held that there can be no second FIR and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or same occurrence."
It further quoted from Babubhai v. State of Gujarat, (2010) 12 SCC 254: "All other subsequent information would be covered by Section 162 CrPC for the reason that it is the duty of the investigating officer not merely to investigate the cognizable offence reported in the FIR but also other connected offences found to have been committed in the course of the same transaction."
In light of these precedents, the Court concluded that Kokrajhar and Gossaigaon cases arose from the same transaction and must be consolidated.
The Court also referred to Arnab Ranjan Goswami v. Union of India, (2020) 14 SCC 12, where 14 FIRs across the country containing identical allegations were quashed.
"Separate investigation in these 3 cases or other cases where the allegations are exactly same as in the aforesaid 3 cases would be against the tenets of natural justice." The Court determined that the cause of action for all three FIRs arose within the jurisdiction of Patharkandi Police Station.
The Court stated: "This Court is of the opinion that Kokrajhar P.S. Case No. 61/2025 and Gossaigaon P.S. Case No. 31/2025 should be merged with Patharkandi P.S. Case No. 54/2025."
It directed: "Kokrajhar P.S. Case No. 61/2025 and Gossaigaon P.S. Case No. 31/2025 shall be merged with Patharkandi P.S. Case No. 54/2025. The Patharkandi Police Station shall investigate the subsequent cases being Kokrajhar P.S. Case No. 61/2025 and Gossaigaon P.S. Case No. 31/2025."
With this direction, all three petitions filed under Section 528 of BNSS, 2023 were disposed of.
Advocates Representing the Parties:
For the Petitioners: Mr. A.M. Bora, Senior Advocate; Mr. D.K. Baidya, Advocate
For the Respondents: Mr. K. Gogoi, Public Prosecutor, Assam
Case Title: Hiramoni Saikia and Ors. vs. The State of Assam
Neutral Citation: 2025: GAU-AS:6617
Case Number: Crl.Pet./301/2025
Bench: Justice Parthivjyoti Saikia
[Read/Download order]
