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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manoranjan Giri @ Ranjan Giri S/o Late Jago Giri – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528. of B.N.S.S., 2023 with a prayer to quash the entire criminal proceeding including the First Information Report in connection with S.T. Case No.34 of 2024 arising out of Mandu (Kuju) P.S. Case No.171 of 2023 though in the petition because of printing error S.T. Case number has erroneously been mentioned as 33 of 2024. Prayer has also been made for quashing the order dated 30.03.2024 whereby and where under charges have been framed inter alia against the petitioner for having committed the offences punishable under Sections 147 , 148, 149, 323, 307, 504 and 506 of the INDIAN PENAL CODE and Section 25 (1-B) (a)/26/35/25 (1-AAA) of the ARMS ACT , 1959 on the ground that the said case is based upon the second F.I.R. for the self-same occurrence for which Mandu (Kuju) P.S. Case No.170 of 2023 has been registered and in which after submission of charge-sheet, charges have been framed inter alia against the petitioner for having committed the offence punishable under Section 302 , 307, 34 of the INDIAN PENAL CODE and under
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.
Filing of successive FIRs for the same cognizable offence is prohibited; only counter-cases are permissible under 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.
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 a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
A second FIR for the same incident is not maintainable under Section 162 of the Code of Criminal Procedure, preventing abuse of legal process.
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