Civil Procedure Code (CPC)

2 fir for 1 incident


Pls. clear me, one FIR has been made in Delhi U/s 323/341/34  against the inlaws.... But after 10 days same lady do another FIR in Mahila Thana in Gaziabad where she mention same date and time also but content of this FIR is Totaly different. in this FIR cas ehas been regd. U/s 498A,354/376/506 etc.... 

Pls. tell me second FIR should be queshed or not by High Court.

 

 
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the content of 2 FIRs are different. court will treat it as 2 different incidents. now the question is where actually these things happen, delhi or gaziabad ? who is that lady ?   why she tried to book you ?

 

tell me all in detail.

 
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Dy Director

She can file at place where marriage took place or where she resided last with husband or where she is residing after separation. But not at all these places Pz clarify relevance of both places
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

As per her 2 FIRs where the crime took placed? – This question is very important.

If answer is contradictory then you can file perjury in both trial courts.

 

Please check my profile links to know more about perjury and its sample petition. 

 
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Advocate & Solicitor at Law

The offences are different im presuming. One must be pertaining to a single isolated incident of beating her up and hence 323/341. The second must be allegations of the nature as described under 498a and hence the second FIR. IF so then yes both are maintainable independently. If not then file a quashing petition. This is barredf under article 20(2) of ther constituion of india.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Dear Quest,

 

FIR registered for petty offences at the time and place of the commission of the offence. How such immense offence may happen at remote place even after 10 days?? - Is this believable.

 

Please register perjury petition for further investigation/inquiry at your jurisdiction. Please don’t go for quashing at this stage. 

 

Please check my profile links to know more about perjury and its sample petition. 

 
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Advocate & Solicitor at Law

How can perjury be maintainable at the stage of investigation? It is not a statement made on oath. If the offences have been stated to have been committed at the same stage of the day and the same date, then it is not possible that the complainant omitted to mention serious offences such as 376/354 etc and instead only alleged offences such as 323/341. Therefore the second FIR is bad in the eyes of the law as the same amounts to abuse of the process of the court, Quashing is the best option at this stage. Rest is upto the querist.

 

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : Augustine Chatterjee
How can perjury be maintainable at the stage of investigation? It is not a statement made on oath. If the offences have been stated to have been committed at the same stage of the day and the same date, then it is not possible that the complainant omitted to mention serious offences such as 376/354 etc and instead only alleged offences such as 323/341. Therefore the second FIR is bad in the eyes of the law as the same amounts to abuse of the process of the court, Quashing is the best option at this stage. Rest is upto the querist.

 

 

Mr. Chatterjee,

 

I would like to highlight first few lines of CrPC 340 as follows:-

 

When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of Sub-Section (1) of section 195,

 

So whenever false statements are given (Such as false FIR) in front of a lawful authority can be prosecuted under 340 CrPc (Perjury) when upon an application made to it in this behalf by the accused.

 

So if application is maintainable if made on top of.

 

An FIR is also an evidence as per Indian Evidence Act (Circumstantial Evidence) since it is taken in front of lawful authority hence false FIR is punishable u/s 193 IPC.

 

Do you have any lawful documents to show that 340 CrPC is not maintainable?

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Another thing Mr. Chatterjee,

 

Two FIRs are made on different offences so Article 20(2) of Indian Constitution is not maintainable for quashing. 

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Prima-Facie of these two FIRs are entirely different except time and place. Charge framed out of prima-facie are also entirely different. Hence Article 20 (2) is not maintainable for quashing these two FIRs however, there are always questions about

 

a) Which one is correct?

 

b) If FIR registered for petty offences at the time and place at the commission of offences then how such immense offences may be committed at remote place even after 10 days where time and place mentioned is same as per these to FIRs??

 

These two questions suspecting the believability of these two FIRs. Hence more inquiry needs to be made on it, need more evidences to know the actual fact. Hence ground of Perjury.

 

It is advised to file perjury at your jurisdiction and then file speedy trial in HC to speed up the court process. 

 

Please check my profile links to know more about perjury and its sample petition. 

 
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