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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Naresh Sharma, son of Late Karu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of appropriate writ/order/direction for quashing of the entire criminal proceedings including the F.I.R. being Saraidhela P.S. Case No.26 of 2024 registered for the offences punishable under Sections 302/34 of the Indian Penal Code on the ground that this F.I.R. has been lodged in respect of the same occurrence for which earlier Saraidhela P.S.Case No.144 of 2019 has been registered.
3. The brief facts of the case is that the Saradihela P.S. Case No.144 of 2019 was registered upon the written application submitted by the informant of that case namely Md. Ekramul Ansari, with the allegation that the petitioners were forcibly making the brother of the informant namely Sonu Ansari to do the marble work in their house. The petitioners told the deceased to join the naked wires of the motor. When the deceased went to join the wires, the petitioners switched on the motor, by which the deceased sustained electric shock and fell inside the safety tank and died. The present F.I.R. being Saraidhela P.S. Case No.26 of 2024 has b
Multiple FIRs for the same alleged offense by the same informant are impermissible under law, constituting abuse of legal process.
A second FIR for the same incident is not maintainable under Section 162 of the Code of Criminal Procedure, preventing abuse of legal process.
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.
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.
The registration of multiple FIRs for the same occurrence is prohibited under Section 162 CrPC, as it constitutes an abuse of process of law.
The principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent a....
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....
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
Multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injustice.
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