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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Md. Waqar Alam, Son of Md. Dastagir Alam – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. extension of fir allegations leads to second fir. (Para 2 , 3) |
| 2. procedural law prohibits multiple firs. (Para 4 , 5) |
| 3. court observation on restrictions of fir registration. (Para 6 , 7 , 10) |
| 4. concluding verdict on quashing the fir. (Para 8 , 9 , 11) |
ANIL KUMAR CHOUDHARY, J.
By the Court:- Heard the parties.
2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of appropriate Writ(s)/Order(s)/Direction(s) for quashing/setting aside the FIR vide Pakur (Town) P.S. Case No.09 of 2024 registered for the offence punishable under Section 379 of the INDIAN PENAL CODE .
3. The brief facts of the case is that Pakur (Town) P.S. Case No.09 of 2024 has been registered, basing upon the written report submitted by the informant of the case, alleging therein that the petitioner used to look after the stone mines and crusher business of the father of the informant. On 21.10.2023 at about 3 to 4 PM, the petitioner committed theft of Rs.1,80,000/- cash and 8 bhar of gold. The informant could not know about the same immediately and after coming to know about the same, the informan
A second FIR for the same incident is not maintainable under Section 162 of the Code of Criminal Procedure, preventing abuse of legal process.
Multiple FIRs for the same alleged offense by the same informant are impermissible under law, constituting abuse of legal process.
The emphasis of the Apex Court is on the commonality and sameness of the accusations pertaining to the same incident, and the registration of the second FIR would be barred whenever further informati....
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.
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
The registration of multiple FIRs for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.
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.
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