2 FIR on same matters

S.D. Singh (Querist) 13 June 2010 This query is : Resolved
In a case 2 FIRs u/s 420/467/468 are filed by two different applicants in different Police stations of different districts in different dates. In second FIR Final report was submitted by the police, which has duly been accepted by the court, but later on in First FIR charge sheet has been submitted against the same accused in the same matter. Now what remedies are available to accused to avoid trial in charge sheeted FIR. Whether he should produce copy of Court' order where F.R. has been accepted, or he should approach High Court for some direction or any other lawful remedy. Please advise.

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 13 June 2010
If the accused, victim, facts of the case, case property, and place of offnece is same following rulings can be cited with producing final report of another case-

Second FIR- It can not be relied upon- SC- ACC – 2008 (60) - 17, Crimes – 2008 (4)- 140, Cr.L.J.-2008-372.

Second FIR- Investigation on basis of such FIR- Settled law is that there can not be a second FIR and consequently there can not be fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offence- UTT HC-NCC-2008-932.

There can be no second FIR in respect of same cognizable offence, same incidence or occurrence- SC-Cr.L.J.-2001-3329(B).

Subjecting citizens to fresh investigation on the basis of second FIR is abuse of power- SC-Cr.L.J.-2001-3329(C).