Back
IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Rahul Purohit – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajoy Kumar Mukherjee, J.
1. The instant Application has been preferred by the petitioner for quashment of G.R Case no 6529 of 2024 arising out of Liluah P.S Case no. 668 of 2024 dated 21.12.2024 on the ground that the said FIR is the second FIR in connection with self-same facts and self-same allegations and in connection of which the other criminal proceeding being Jorabagan P.S Case no. 214 of 2024 dated 20.12.2024 has already been initiated.
2. Being aggrieved by the present proceeding, learned counsel for the petitioner submits that on perusal of the Jorabagan police station case no. 214 of 2024 along with Liluah P.S case no. 668 of 2024,it transpires that the defacto complainant and the accused persons are the same. It is alleged in Jorabagan P.S case that the date and time of occurrence is in between 11.30 P.M. on 19.12.2024 and 2.00 A.M. on 20.12.2024 whereas date and time of occurrence in connection with Liluah P.S is in between 11.05 P.M. on 19.12.2024 and 1.30 A.M. on 20.12.2024 . However while the information in connection with Jorabagan P.S was received on 20.12.2024 at 16:10 Hrs, the information received in connection with Liluah P.S case is on 21.12.2024 at 21
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
The principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent a....
A second FIR is permissible if it presents a different version of the same incident, allowing for new discoveries to be considered.
Subsequent FIRs may be permissible if they relate to distinct incidents or reveal new findings, even if arising from the same transaction.
The court held that multiple FIRs cannot be registered for the same incident under established legal principles, emphasizing prohibitions against successive registrations when based on identical clai....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
