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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Olek Sahu @ Alok Sahu @ Alekh Kumar Sahu – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. facts of the criminal case involving second fir (Para 2 , 3) |
| 2. legal arguments citing supreme court precedents (Para 4 , 5 , 6) |
| 3. state's opposition based on distinctions between firs (Para 7) |
| 4. court's reasoning on abuse of process in second fir (Para 8 , 10) |
| 5. conclusion quashing second fir proceedings (Para 11 , 12) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding including the orders dated 07.11.2019 and 08.08.2025 passed by the learned S.D.J.M., Seraikella in connection with Rajnagar P.S. Case No.30 of 2017 corresponding to G.R. Case No.507 of 2017(S), and S.T. Case No.89 of 2017, whereby and where under the learned S.D.J.M., Seraikella found prima facie case in respect of the offences punishable under Section 147, 148, 149, 341, 323, 325, 302, 353, 427, 504, 506, 435, 333 of the Indian Penal Code and committed the case to the court of learned Sessions Judge, Seraikella, which has been registered as S.T. Case No.153 of 2025 after commitment.
3.
A second FIR for the same incident constitutes an abuse of process, and no person should face double jeopardy for identical offenses.
Filing of successive FIRs for the same cognizable offence is prohibited; only counter-cases are permissible under law.
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 registration of a second FIR for the same incident and same offence is legally impermissible as it constitutes an abuse of process of law and violates Article 21 of the Constitution, provided the....
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
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