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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMEER JAIN
Chandrashekhar Alias Ravan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. applicant's multiple applications based on firs consolidated for common hearing. (Para 1 , 3) |
| 2. arguments presented regarding the validity of subsequent firs. (Para 4 , 24) |
| 3. distinctions made in legality of firs under criminal law standards. (Para 20 , 29) |
| 4. court's interpretation of fir validity in context of the same incident. (Para 35 , 38 , 41) |
| 5. final dismissal of the applications based on comprehensive analysis. (Para 46) |
JUDGMENT :
SAMEER JAIN, J.
1. As, all these matters relate to applicant Chandrashekhar @ Ravan and prayers made in all these applications are arising out of FIR No. 152 of 2017, Police Station Kotwali Dehat, District Saharanpur and similar issue is involved in all these matters, therefore, these applications are being heard and disposed off by a common order.
2. Heard Sri Sushil Shukla, learned Senior Advocate assisted by Ms. Nidhi, learned counsel for applicant and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Roopak Chaubey, learned Additional Government Advocate for the State.
3. By way of instant applications applicant made the following prayers:-
"i. To quash the charge-sheet No. 31 of 2017 and proceedings of Crimin
Subsequent FIRs may be permissible if they relate to distinct incidents or reveal new findings, even if arising from the same transaction.
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....
Merely because three separate FIRs have been filed do not mean that they could not be clubbed together and one charge-sheet could not be filed.
A second FIR for the same incident is impermissible under law unless it pertains to a different cognizable offence or occurrence.
A second FIR is permissible if it presents a different version of the same incident, allowing for new discoveries to be considered.
The principle of non-registration of two FIRs for the same offence and against the same accused persons is based on the principle akin to double jeopardy, rule of fair investigation, and to prevent a....
The main legal point established in the judgment is that multiple FIRs cannot be registered for the same incident of arson and damage to public property, as per the principles laid down by the Suprem....
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