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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Md Moinul Hoque Alias Moynul Hoque, S/o. Late Naher Uddin Ahmed – Appellant
Versus
State Of Assam, rep. By The PP, ASSAM – Respondent
| Table of Content |
|---|
| 1. overview of the case against the petitioner. (Para 2 , 4 , 5) |
| 2. debate on legality of multiple firs. (Para 7 , 8) |
| 3. judicial precedence on registration of multiple firs. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. legal requirements for practicing dentistry. (Para 15 , 16 , 19) |
| 5. final dismissal of the petition. (Para 22 , 23) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. P Mahanta, learned Sr. counsel for the petitioner. Also heard Mr. A.M Bora, learned Sr. counsel appearing for the respondent No. 2.
2. This is an application under Section 528 of BNSS, 2023 for quashing of FIR No. 1811/2021 dated 07.08.2021 as well as charge-sheet being No. 760/2021 dated 31.08.2021 submitted by the I/O, Nagaon Police Station in the Court of Ld. Chief Judicial Magistrate, Nagaon in connection with Nagaon P.S Case No. 1811/2021 corresponding to G.R Case No. 4042/2021, subsequently, registered as PRC No. 2872/2021 under Section 417/419/420 IPC.
3. By order dated 04.09.2021, the Ld. Chief Judicial Magistrate, Nagaon has taken cognizance of offence u/s 417/419/420 IPC against the accused/petitioner.
4. The facts leading to the aforesaid case as projected by the petitioner are that he had compl
Practicing dentistry without valid registration constitutes a violation under the Dentist Act; a second FIR is maintainable where new infractions correspond to distinct incidents following previous F....
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
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.
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....
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....
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