Two FIRs
Querist :
Anonymous
(Querist) 17 December 2010
This query is : Resolved
Separate reports regarding same incident have been given to the police by different persons. Both are registered as FIRs. Can accused challenge the investigation on this ground?
Khaleel Ahmed
(Expert) 17 December 2010
At the time of trial the matter may be raised before the trial court.
Arvind Singh Chauhan
(Expert) 17 December 2010
Please go through the following case laws-
Second FIR- It can not be treated as such and can not be relied upon- SC- ACC – 2008 (60) - 17, Crimes – 2008 (4)- 140, Cr.L.J.-2008-372- DIGEST OF REPORTED JUDGMENTS-2008-(2)- April, May-page-25., ALL- DIGEST OF REPORTED JUDGMENTS-2008-(2)- April, May-page-9.- ACC-2008(60)-221.
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-NCC-2008-932-SC”s Rulings.
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).
Accused caused grievous injuries to – FIR lodged after CJM’s order on application of complainant- Wife of injured had filed also FIR before, with the Patwari- Non filing of first FIR in the evidence by prosecution creates doubt in prosecution- also non filing of injury report creates doubt- UTT-NCC-2010(1)-196.
Advocate. Arunagiri
(Expert) 17 December 2010
2nd FIR is on the same incident is bad in law.
But, on the same incident, if affected persons are different, 2nd FIR is possible.
SANJAY GUPTA
(Expert) 18 December 2010
Two FIR can not filed on the same incident, other injured person will be the witnesses of the same incident.
PALNITKAR V.V.
(Expert) 18 December 2010
Second information can not be treated as FIR if the first one is already treated as FIR provided that the incident is same. But if the second FIR not only covers the same incident but also gives information relating to commission of some different/additiional cognizable offence then it can be treated as FIR for such different/additional offence.
N.K.Assumi
(Expert) 18 December 2010
Nothing to add.
