HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
ABDUL MOIN, PRAMOD KUMAR SRIVASTAVA
Mohammad Mushfik (in Fir Mushfik Urf Sanju) – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Sri Anil K. Tripathi, Advocate has filed his Vakalatnama on behalf of the petitioner, which is taken on record. After arguing at some length he states that he would like the previous counsel Sri Manish Vaish to argue the matter and thus the ‘baton’ of argument has been passed on to Sri Manish Vaish.
2. We fail to understand this tactic on the part of lawyers of changing counsels mid way.
3. Be that as it may, we have heard Sri Manish Vaish, learned counsel for the petitioner and learned A.G.A. appearing for the State.
4. Under challenge is the First Information Report (hereinafter referred to as “F.I.R.”) dated 01.03.2026 bearing First Information Report No. 189/2026, under Sections 419, 420, 467, 468 and 471 of Indian Penal Code (hereinafter referred to as “I.P.C.”), Police Station Kotwali Nagar, District Gonda.
5. Learned counsel for the petitioner submits that in the year 2020, the Executive Officer of the Municipal Corporation, Gonda had lodged a F.I.R. dated 07.12.2020 bearing F.I.R. No. 955/2020, under Sections 419, 420, 467, 468, 471 and 409 I.P.C., Police Station Kotwali Nagar against Vipin Prakash Srivastava (Clerk of Municipal Corporation). After concluding the i
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A subsequent criminal complaint based on the same facts as a previously accepted final report is not maintainable unless exceptional circumstances are shown; mere acceptance of a final report does no....
The main legal point established is that a second complaint on the same allegations can only be entertained in exceptional circumstances and when the core of both complaints is not the same.
A second FIR is permissible if it presents a different version of the same incident, allowing for new discoveries to be considered.
A second complaint for the same incident is not maintainable unless it discloses a distinct offence or presents new material, reaffirming the principle against double jeopardy.
The main legal point established in the judgment is that a second complaint on the same facts should be entertained only in exceptional circumstances, as per legal principles established in previous ....
FIR registration is mandatory if a cognizable offence is disclosed, and second FIRs are permissible where informants and versions differ.
Person once convicted or acquitted not to be tried for same offence – There can be no blanket bar for filing a second complaint on same set of facts – Disapproval against a final report submitted in ....
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....
The main legal point established in the judgment is that under the Indian criminal law, double prosecution of an accused for the same incident is not permissible, and separate FIRs for the same incid....
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