Two FIRs for the same incident are impermissible; subsequent FIR treated as supplementary to the first.

JUDGMENT

1. Petitioner has approached this Court seeking quashing of FIR No.116/2020, dated 27.02.2020, registered at Police Station Khajuri Khas for offences under Sections 109, 114, 147, 148, 149, 392, 427, 436, 454, 34 IPC and Sections 3 and 4 Prevention of Damage to Public Property Act , 1984.

2. It is the case of the Petitioner that apart from the present FIR, another FIR, being FIR No. 101/2020, dated 25.02.2020, registered at PS Khajuri Khas under sections 109, 114, 147 148, 149, 186, 353, 427, 435, 436, 454, 34 IPC and 3 and 4 PDPP Act, pertaining to the same incident which occurred on 24.02.2020 on the same premises, i.e. E-98/2, Khajuri Khas, Main Karawal Nagar Road, New Delhi, 110094 (hereinafter referred to as „the building in question‟) has been registered against the Petitioner herein. It is stated that FIR No. 101/2020 has been registered on the complaint of Constable Sangram Singh in relation to the incident occurred on 24.02.2020 at the parking situated on the ground floor of the building in question, whereas FIR No. 116/2020 has been registered at the behest of one Tejveer Singh @ Tejpal Singh in respect of the incident occurred on 24.02.2020 at “Bharat Vatika” situated on the first floor of the building in question. It is stated that FIR No.101/2020 was registered on 25.02.2020 whereas FIR No.116/2020 was registered on 27.02.2020.

3. Material on record discloses that FIR No. 101/2020 has been registered on the complaint of Constable Sangram Singh. The Statement of Constable Sangram Singh, on the basis of which FIR No.101/2020 dated 25.02.2020 has been registered, is incorporated in the FIR and the same reads as under:

“Statement of Sangram Singh (No. 2800/NE, PIS No. 28091636) S/o Shri Ram Kumar Singh R/o VPO Mitli, Distt. Bagpat, UP age 31 years, M.No. 8010578581 stated that I am posted on the post of Sepoy at police Station Khajuri Khas and deputed at Beat No. 07F Block, of this Police Station Main Khajuri Khas, Delhi. On 24.02.20 keeping in view the protest of CAA NRC I and HC Vikram No.825/NE, HC Virender No. 759/NE were deputed at Chand Bagh Puliya, E Block, Khajuri Khas Near Pradeep Ki Parking. That I parked my motorcycle No. DL 5SBW 3316 Hero Honda Hunk in the Pardeep‟s Parking and was performing my duty. A huge mob gathered on the passage going towards Sherpur Chowk and in the nearby streets and the rioters were pelting stones and arson/ putting fire there and causing harm to the private and government properties. Some people out of that mob were instigating the crowed for pelting stones and to put fire. At about 02.15 pm from the side of Chandbagh a huge mob including more number of people came there and started pelting stones and putting fire. That we all three at our level best were trying to make understand the mob and to stop them from doing this. But they were not agreed to follow our instructions. As the rioters were in huge numbers therefore it was impossible for us to control them, as the people in the mob were pelting stones and the people in the mob became more aggressive and they started throwing stones on us, we ran here and there to save our life. To save my life, I entered in the Pradeep‟s Parking. HC Vikram and HC Virender also ran from there and entered into the streets. General public also started running from here and there to save their lives. I with the help of other persons put down the shutter of the Pradeep‟s parking and went inside the parking hall and from there I went upside on 1st floor. In the meanwhile the mob became violent and they broken the sh