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SANJAY KUMAR DWIVEDI
Rameshwar Thakur @ Varun Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Sameer Saurabh, learned counsel for the petitioner and Mr. S.K. Srivastava, learned counsel appearing on behalf of the State.
2. This criminal miscellaneous petition has been filed for quashing of entire criminal proceeding including F.I.R. bearing Jamua P.S. Case No. 143 of 2009 as well as order taking cognizance dated 03.10.2009 passed in connection with Jamua P.S. Case No. 143 of 2009, corresponding to G.R. No.1621 of 2009, pending in the Court of learned Judicial Magistrate, Giridih.
3. The F.I.R. has been lodged against seven accused persons including petitioner alleging therein that while the informant was discharging her duty in the office on 28.07.2009 then about 2.P.M. some accused persons including the petitioner entered into her office and misbehaved with her and torn the government document and broken the window of the office. It is further alleged that one Ashok Paswan forcefully took away Panchayat Sewak namely, Karnanand Singh and brutally assaulted him. It is further alleged that three women were also accompanying with Ashok Paswan out of whom one Meena Devi pushed her.
4. Mr. Sameer Saurabh, learned counsel appearing for the petitioner submits that
Subsequent F.I.R. lodged for the same occurrence cannot be sustained, and it is an abuse of process of law to allow two separate proceedings for the same occurrence.
The main legal point established in the judgment is that for the same set of occurrence, two proceedings cannot be allowed, and allowing a second FIR to be continued amounts to an abuse of process of....
A second FIR cannot be registered for the same occurrence if an investigation is already ongoing for the first FIR, as it constitutes an abuse of process of law.
A second FIR cannot stand when it pertains to the same occurrence as a prior FIR, emphasizing the principle against multiple FIRs for the same incident.
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
The court held that multiple FIRs cannot be registered for the same incident under established legal principles, emphasizing prohibitions against successive registrations when based on identical clai....
A second FIR cannot be registered for the same incident; investigations must be consolidated under the first FIR to prevent duplicity.
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