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1999 Supreme(Raj) 934

RAJASTHAN HIGH COURT
Mohd.Yamin, J.
Ghanshyam Singh & Ors. [M/s.] - Appellant
Versus
State of Rajasthan & Anr. - Respondent
S.B. Criminal Misc. Petition No. 56 of 1999.
Decided On : 18-02-1999

Two FIRs cannot be lodged about one incident.

Headnote:

Two FIRs - Same Incident - Quashing of FIR No. 01/99

Fact of the Case:

The complainant lodged a report at a police station, and based on the same incident, another FIR was registered. The petitioners argued that two FIRs could not have been registered for the same offence.

Finding of the Court:

The court found that both FIRs related to the same incident, and it is well settled that two FIRs cannot be lodged about one incident. Therefore, FIR No. 01/99 was quashed.

Issues: The issue was whether two FIRs could be registered for the same incident.

Ratio Decidendi: The court applied the principle that two FIRs cannot be lodged about one incident.

Final Decision: The petition was allowed, and FIR No. 01/99 of the Police Station Kurabad Distt. Udaipur was quashed.

JUDGMENT

1. -The petition is admitted and the learned Public Prosecutor is directed to accept copy of the petition. Learned Public Prosecutor and the learned counsel have been heard. The complainant first lodged a report at the Police Station Kurabad, District Udaipur which is numbered 82/98. The same complainant sent a letter to the SHO Kurabad on the basis of which FIR No. 1/99 under sections 420, 386 & 120-B was registered at the same Police Station. Both the FIRs relate to one offence.,

2. Learned counsel for the petitioners submits that the incident is same and two FIRS could not have been registered in respect of the same offence. Learned Public Prosecutor admits that both the FIRs relates to the same incident. It is well settled that two FIRs cannot he lodged about one incident. So FIR No. 01/99 should be quashed.

3. Consequently, this petition is allowed and FIR No. 01/99 of the Police Station Kurabad Distt. Udaipur is hereby quashed.

4. The petition stands allowed.Petition allowed.

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