Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Atul Bokriya – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
Heard the learned counsel for the petitioners Mr. Imti Longjem and Mr. Tapan Ranjan Deuri, learned counsel for the State respondents.
2. The instant petition under section 528 of the BNSS , 2023 read with Article 227 of the Constitution of India has been filed by the petitioners praying for quashing of the FIR and the consequential criminal proceedings against the petitioners in connection with Kohima North Police Station Case No.09/2023 dated 13.03.2023 under Section 120 (B)/417/464/465/499 of the IPC and also under Section 34 /420/500/467/468 of the read with Lotteries Regulation Act, 1998.
3. The facts leading to the filing of the instant petition is that the informant in the present case, Shri Zhothisa Dawhuo erstwhile Director of the Lotteries Department Nagaland had submitted a written report before the Officer-in-Charge of the North P.S Kohima and on the basis of the written report a case was registered as FIR No.009/2023.
4. It is stated that false FIRs on the same subject matter/facts and on the same sections of IPC have also been filed in different Police Stations in Kolkata, West Bengal on different dates. In the preceding year prior to t
Multiple FIRs arising from distinct allegations are permissible under the law, and quashing is not warranted if separate offences are disclosed.
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....
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.
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.
Subsequent FIRs may be permissible if they relate to distinct incidents or reveal new findings, even if arising from the same transaction.
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
