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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manoj Kumar, aged about 37 years, son of late Ram Prakash Verma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
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 the prayer to quash the FIR as well as the entire criminal proceeding in connection with Namkum P.S. Case No. 218 of 2023 involving the offences punishable under Section 498A of Indian Penal Code and under Section 3/4 of D.P. Act pending in the court of learned Judicial Magistrate 1st Class, Ranchi.
3. It is submitted by the learned counsel for the petitioners that the investigation of the case is still going on and charge sheet has not yet been submitted. It is next submitted that the prayer of the petitioner be allowed on the ground that this is the second FIR in respect of the selfsame occurrence, in respect of which Ranchi Mahila P.S. Case No. 06 of 2023 has already been registered on 10.04.2023 and there is no allegation of any offence committed by the petitioners by having been taken place after 10.04.2023 and before registration of this FIR vide Namkum P.S. Case No. 218 of 2023 on 05.05.2023.
4. It is submitted by the learned counsel for the petitioners by relying upon the judgment of this Court in the case of Na
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 court held that multiple FIRs cannot be registered for the same incident under established legal principles, emphasizing prohibitions against successive registrations when based on identical clai....
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 main legal point established in the judgment is the importance of the First Information Report and the test of 'sameness' to determine the permissibility of multiple FIRs for the same occurrence.
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