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ASHOK KUMAR GAUR
Kamlesh Kumar Khandelwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant criminal petition has been filed by the petitioner for quashing FIR No. 130/2021 registered at Police Station Kotwali, Tonk.
2. The brief facts of the present petition are as under:-
(ii). The complainant had specifically pleaded that certain persons namely, Meghraj Jat, Rajesh Chaiwala & Ram Pandey and all the officers and employees of District Jail, Tonk were involved in commission of such crime.
(iii). The complainant further narrated the fact of giving beating to the jail inmates if the money was not transferred in account of certain persons and as such, complaint was filed for taking cognizance for offences said to be committed under Sections 323, 341, 506, 342, 351, 352, 374, 119, 120, 120-B, 161, 162, 166, 384, 385 & 34 of IPC and under Sections 7, 8, 13(1) & 13(2) of the Prevention and Corruption Act, 1988 (hereafter the 'Act of 1988').
(iv). The said complaint file
A second FIR is permissible if it presents new facts or different allegations, necessitating a proper investigation by the police.
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Economic Offences-unlawful circulation of cigarettes – Quash of FIR - where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ul....
(1) Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments. However, ....
The main legal point established is the mandatory registration of FIR if the information discloses a cognizable offence and the need for a preliminary inquiry in certain cases. The court emphasized t....
Point of Law : Dismissal of petition to Quash of FIR – Commission of cognizable offence and pendency of investigation – cannot be quashed.
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
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