SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Jhk) 374

SANJAY KUMAR DWIVEDI
Karan Kumar Sinha @ Ramchandra Prasad @ Deepak Kumar, s/o Din Dayal Prasad @ Dinanath Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Neha Bhardwaj, Advocate
For the Respondent:Mr. Tarun Kumar, Advocate

Judgement Key Points

The legal document pertains to a case involving the quashing of an FIR and related proceedings. The primary issues include the legality of multiple FIRs filed for the same incident and whether subsequent investigations and FIR registrations were conducted in accordance with legal procedures.

Key Points: - The petition challenges the registration of a second FIR based on a letter from the police authorities, which was found to be irregular and not in accordance with the law. The court emphasized that registering a second FIR for the same incident, especially when investigations are already underway or a final report has been filed, is generally not permissible unless the subsequent FIR pertains to a different and distinct offence or conspiracy (!) (!) . - The court noted that the initial investigation and proceedings were initiated on a complaint, and subsequent FIRs for the same incident, without proper legal basis, constitute an abuse of process. The court highlighted that investigations should be streamlined and based on proper legal procedures, including obtaining necessary permissions for further investigation (!) (!) . - The court observed that the second FIR registered based on the police report was irregular and that the investigation pursuant to this FIR was of no legal consequence. As a result, this investigation was quashed. However, the court clarified that this does not preclude the investigating agency from seeking permission to conduct further investigations into the original FIRs and to proceed lawfully (!) . - The court also considered the procedural aspects, such as whether the complaint was filed with an affidavit and whether the FIR was filed without proper legal support. It emphasized that procedural lapses, such as filing complaints without affidavits, can impact the validity of proceedings (!) (!) . - The court ultimately allowed the petition, quashed the criminal proceedings related to the FIRs under consideration, and disposed of the case, emphasizing the importance of adhering to proper investigative procedures and the legal rights of the accused (!) .

In summary, the court underscored the importance of lawful registration of FIRs, proper investigation procedures, and the avoidance of multiple FIRs for the same incident unless justified by distinct offences or circumstances.


JUDGMENT :

This petition has been filed for quashing the First Information Report being Bagodar P.S.Case No.217 of 2014 corresponding to G.R.No.2733 of 2014 arising out of Complaint Case No.1156 of 2014 for the alleged offence under sections 498(A)/323/506/34 of the IPC section 3/4 of the D.P.Act, pending in the court of learned Chief Judicial Magistrate, Giridih.

2. The complaint case was filed by the O.P.No.2 alleging therein that the complainant was married to the accused No.1- Karan Kumar Sinha @ Ramchandra Prasad @ Deepak Kumar, s/o Din Dayal Prasad @ Dinanath Prasad with Hindu rites and customs. Further it is stated that before marriage, he had stated to the family of the complainant including complainant that no dowry would be demanded. Further the complainant went to her sasural at Dariyaganj after marriage and subsequently a baby was born namely Aditya @ Himanshu. Further it has been alleged that in laws family started demanding Rs.3 lacs as Dowry from her. It has been further alleged that when she showed her inability to bring this amount from her Naihar then the accused no.5 Pramod Prasad @ Pramod Kumar who is Chacha sasur of the complainant and a school teacher threatened

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top