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2012 Supreme(Gau) 953

I.A.ANSARI
Anung Welly – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. P.K. Tiwari and Mr.L. Saxena
For Respondents/Defendant: Mr. N. Lowang, Addl. Sr. Government counsel and Mr. D. Lazi

Judgement Key Points

Key Points: - The FIRs may both be entertained if they disclose different versions of the same incident; otherwise, a second FIR may be quashed (!) (!) (!) - An FIR is an important document that sets the machinery of criminal law in motion; multiple informations may be given and are recorded under Section 162 Cr.P.C. after investigation begins (!) - If the second FIR presents a different version or reveals new discoveries, it is permissible to register and investigate; the Court can direct separate investigation for distinct offences or aspects (!) (!) - The petitioner’s FIR should be registered and investigated by the Officer-in-Charge, Itanagar Police Station; the refusal to register is illegal (!) (!) - The case cites Nirmal Singh Kahlon (2009) 1 SCC 441 and Shivshankar Singh (2012) 1 SCC 130 as influencing authorities on cross-/counter-case concepts (!) (!) - The writ petition is disposed of with directions to register the petitioner’s FIR and investigate under appropriate penal provisions; no costs (!)

What is the legality of registering a second FIR arising from the same incident when the versions differ?

What is the controlling principle regarding cross-case or counter-case in FIR registrations under Cr.P.C.?

What directions did the court issue regarding registration and investigation of the FIR lodged by the petitioner?


JUDGMENT

I.A. Ansari, J.

1. Heard Mr. P.K. Tiwari, learned counsel for the writ petitioner. I have also heard Mr. N. Lowang, learned Additional Senior Government Advocate, appearing for respondent Nos. 1, 2 and 3 and Mr. D. Lazi, learned counsel, appearing for respondent Nos. 4, 5 and 6. When a First Information Report (in short, 'FIR'), lodged by respondent Nos. 4, 5 and 6, who claim to be social activists, alleging that the appointment of the present petitioner had been obtained on the basis of forged documents, was declined to be registered by the officer-in-Charge, Itanagar Police Station, the respondent Nos. 4, 5 and 6 came to this Court, by way of a writ petition, made under Article 226 of the Constitution of India, for necessary directions to be issued to the respondents, particularly, the Officer-in-Charge, Itanagar Police Station, to register the said FIR, and, on a direction issued by this Court, the FIR, so lodged, was registered against the present writ petitioner and the matter is under investigation.

2. While the investigation of the case, so lodged by the respondent Nos. 4, 5 and 6 was still in progress, the present petitioner had filed an FIR making allegations of forg
















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