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SANDEEP N. BHATT
Sagar Hareshbhai Banawala – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Sandeep N. Bhatt, J.
1. Rule. The present petition is filed seeking for following the main reliefs:
(B) To allow this application by issuing an appropriate writ, order or direction in nature of writ by quashing and setting aside the impugned FIR being C.R.No.11195016210589 of 2021 registered with Deesa North Police Station, Dist. Banaskantha, in the interest of justice;
(C) Pending admission, and hearing final disposal of this application, grant stay as to further investigation into the impugned FIR being C.R.No. 11195016210589 of 2021 registered with Deesa North Police Station, Banaskantha, in the interest of justice;”
2. Brief facts as per the case of the petitioner in this petition are as such that an FIR came to be lodged before Deesa North Police station on 07.08.2021 being C.R.No.11195016210483 of 2021 for the alleged offences punishable under Sections 406 , 420, 465, 467, 468 and 471 of the INDIAN PENAL CODE . The petitioner came to be arrested in conection with the offence on 09.08.2021 and since then he is behind the bars. The investigation is over and chargesheet is filed. Second FIR came to be filed for the same offence and same sub
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
Second FIR is permissible when second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which earlier FIR already stands registered.
Multiple FIRs arising from distinct allegations are permissible under the law, and quashing is not warranted if separate offences are disclosed.
A second FIR cannot be filed for the same offences due to the principles set forth in Section 162, CrPC, and the distinction between civil and criminal disputes is paramount in determining maintainab....
A second FIR is permissible if it involves distinct offences or new facts, as established in T. T. Antony v. State, maintaining legal integrity in criminal investigations.
Economic Offences-unlawful circulation of cigarettes – Quash of FIR - where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ul....
Subsequent FIRs may be permissible if they relate to distinct incidents or reveal new findings, even if arising from the same transaction.
Two separate FIR - Investigation - Permissible - Simultaneous investigation would not amount to fresh investigation. Interference in a matter where the earliest information prima facie makes out cogn....
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
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