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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Deepak Rawani @ Deepak Kr. Rawani S/o Karm Chand Rawani – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. hearing initiated. (Para 1) |
| 2. overview of criminal proceedings and firs (Para 2 , 3) |
| 3. arguments against successive firs (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's reasoning on fir validity (Para 11 , 12) |
| 5. conclusion of the judgment (Para 13 , 14) |
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 BNS , 2023 with a prayer for quashing and setting aside the entire criminal proceeding including the First Information Report in connection with Madhuban P.S. case no. 03 of 2025 registered for the offences punishable under Sections 191 (2), 191 (3), 190, 324 (5), 326 of the BNS S, 2023, pending in the court of learned JMFC, Dhanbad on the ground that this is the second FIR in respect of same occurrence for which, earlier Madhuban P.S. case no. 01 of 2025 and Madhuban P.S. case no. 02 of 2025 have already been registered.
3. This case being the Madhuban P.S. case no. 03 of 2025 has been registered, basing upon the written report submitted by the Circle Inspector of Mahuda Circle office, alleging therein that on 09.01.2025 at about 10.30 AM, there was a
Filing of successive FIRs for the same cognizable offence is prohibited; only counter-cases are permissible under 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.
A second FIR for the same incident constitutes an abuse of process, and no person should face double jeopardy for identical offenses.
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