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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, LAKSHMI KANT SHUKLA
Parul Budhraja – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. fir filed regarding distinct allegations of forgery and cheating. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding prior fir's sufficiency and motives behind the new fir. (Para 6 , 7 , 8 , 10) |
| 3. court's cautious approach in quashing firs. (Para 15 , 16 , 17) |
| 4. legal interpretations of fir registration principles. (Para 19 , 20 , 22) |
| 5. outcome of the case leading to dismissal of the petition. (Para 28 , 29) |
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. The present writ petition has been instituted under Article 226 of the Constitution of India by the petitioners seeking quashing of the F.I.R. dated 14.07.2024 registered as F.I.R. bearing No. 0230 of 2024 for the offences punishable under Sections 420, 467, 468, 471 I.P.C. , Police Station Link Road, District Ghaziabad. The petitioners have further prayed for stay of their arrest in connection with the above said F.I.R. during the pendency of the proceeding before this Court.
Brief Facts Of The Case:-
2. The above said F.I.R. has been lodged by the complainant Sri Rishabh Agnihotri, gravamen of the allegations made in the F.I.R. is that the accused persons namely Yogesh Rana @ Yogi, Ved Budh Raja, Sahil Kalra, Devashish Kotnala and
A second FIR is permissible if it involves distinct offences or new facts, as established in T. T. Antony v. State, maintaining legal integrity in criminal investigations.
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
Point of law: scope of doctrine of double jeopardy, observing that “in order to attract the provisions of Article 20(2) of the Constitution, there must have been both prosecution and punishment in re....
Two separate FIR - Investigation - Permissible - Simultaneous investigation would not amount to fresh investigation. Interference in a matter where the earliest information prima facie makes out cogn....
Multiple FIRs arising from distinct allegations are permissible under the law, and quashing is not warranted if separate offences are disclosed.
The registration of a second FIR is permissible when it reveals new facts or involves separate incidents, maintaining the integrity of legal proceedings.
Second FIR is permissible when second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which earlier FIR already stands registered.
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.
A second FIR is permissible if it discloses broader allegations or new facts, not merely repetitive claims, emphasizing the need for justice and fair investigation.
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