Back
MRIDUL KUMAR KALITA
Nurul Huda Barbhuiya S/o Sajjadur Rahman Barbhuiya @ Sajjad Ali Barbhuiya – Appellant
Versus
State of Assam – Respondent
1. By this common judgment, it is proposed to dispose of Criminal Petition No. 1193/2022 as well as Criminal Petition No. 1205/2022as the incidents involved in both cases are common and the offence in both the cases was allegedly committed, on 29.09.2020, by the present petitioner against Ms. Jasmin Begum Laskar who is the respondent No. 2 of Criminal Petition No. 1193/2022.
2. Heard Mr. K.A. Mazumder, learned counsel for the petitioner in both the Criminal Petitions. Also heard Mr. A.M. Barbhuiya, learned counsel for the respondent No. 2 in both the Criminal Petition as well as Mr. D. Das, learned Additional Public Prosecutor, Assam, who has appeared for the respondent No. 1.
3. During the course of hearing of both the Criminal Petitions which were heard jointly by this court, it has come to the light that for the incident which was alleged to have committed on 29.09.2020 by the present petitioner against one Jasmin Begum Laskar, who is the respondent No. 2 in Criminal Petition No. 1193/2022, three separate criminal cases were registered at different points of time against the present petitioner.
4. In Criminal Petition No. 1205/2022, the petitioner has approached this court under Se
The judgment establishes the principle that filing successive FIRs for the same incident can be an abuse of the process of the court and may warrant the quashing of criminal proceedings.
Registration of a second FIR for the same offence and transaction is impermissible and violates Article 21 of the Constitution of India.
Successive FIRs for the same incident are permissible if they pertain to different incidents/crimes, and the seriousness of the offences and their impact on society must be considered in deciding whe....
The defense material must render the allegations redundant for the proceedings to be quashed, and a thorough trial is needed to establish the veracity of the allegations.
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
