LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mohinder (lawyer)     10 August 2008

another FIR

whether another FIR alleging offencesof Disproportionate assets is maintainable on the bassis of facts extracted during the investigation of already filed FIR alleging offences of prevention of curruption Act. against the same accused persona and of which the charge sheet has already been filed.


 11 Replies

Kiran Kumar (Lawyer)     10 August 2008

to my opinion such an FIR can not stand, if some more facts are found then may be brought before the court under S. 173(8) Cr.P.C......necessary changes may be made in the charge sheet.

I opinion it would amount to double jeopardy if the second FIR is allowed to stand.

let me look for few judgments for u.......i ll respond again with few judgments and technical interpretation of the law.

mohinder (lawyer)     10 August 2008

thank you Sir, pl........

Mohit Attri (lawyer)     10 August 2008


mohd. muqim khan (lawyer / advocate)     10 August 2008

second FIR will amount double jeopardy and therefore can not be lodged / registered and if it had already happened can be chellanged.

As stated in your query that the facts had been disclosed during investigation itself but it seems that it were overlooked and FIR did not mentioned the necessary offence for disproportionate of assets.

To my opinion, the act of disproportionate may amount to mischeif punishable under IPC.

Therefore if the investigation reveals that such offence is committed and disclosed during the evidence, can be added at any stage during trial before pronouncing judgment by the same court, where the chargesheet is filed.

Vijay Kumar (Advocate)     10 August 2008

It is certainly not double jeopardy as the newly revealed facts have given rise to a new offence. I understand that the first one was a trap case.

Srinivas.B.S.S.T ( Advocate)     11 August 2008

Sir If the 1st FIR and chargesheet is
for dispraportionate of Assets and the 2nd One is for a trap or vice
versa. Both are maintainable and the accused has to face trial in both
the cases.

K.C.Suresh (Advocate)     11 August 2008

Dear Mohinder,

Normal PC Act cases are Trap U/s 7 Miasappropriation U/s 13(1)( c) obtaining undue pecuniary advantage U/s 13(1)(d) r/w 13(2). Another offence is DA cases U/s 13(1)(e) of the PC Act. Trap and 13(1)(d) go together. 13(1)( c) and (d) also go together. But 13(1)(e) is a differnet and distinct offence with quasi civil charector. An FIR U/s 7 or 13(1)( c) is registered and in the course of investigation  if t is found that the accused has amassed wealth disproprtionate to his known sources of income, it is better and fair to register another FIR U/s 13(1)(e) of PC Act, 1988. Since the nature of offence and the ingriedents of the section are distinct and seperate there will a period of check to assess the real lawful assets, income and expenditure of the accused which may go to 10 to 15 years or in some cases the entire period of service. Considering this point also a seperate FIR is legal and healthy.

mohd. muqim khan (lawyer / advocate)     11 August 2008

Hi, Mr. Mahinder, with great respect to my colleagues, I am having different opinion with Mr. Vijay Kumar, Mr. Shriniwas and Mr. K.C. Suresh because all three my colleagues are forgetting one thing from your query that the facts of disproportionate have been disclosed / revealed during investigation itself and now chargesheet is filed already. (though you did not mention the full detail about the date of lodging of FIR and filing of chargesheet) it is to be noted that both offences are committed at the same period and the facts of disproportionate were also revealed during the investigation itself. Both offences are triable by the same court apart from quasi proceeding, for which accused may be prosecuted if required but second FIR will create certainly double jeopardy whilst the hon'ble court has jurisdiction to try both offences and the allegations are there and if during the evidence, the offences of disapproprotionate will be disclosed, the court has powers either to add the charges or to direct for separate charegesheet if the circumstances requires but not now after filing of the chargesheet unless there is a court order obtained by the prosecution.

with regards.

junaid s.shabwany (lawyer)     11 August 2008

hi mohinder,

a second fir cannot be registered even though new facts come to light during the course of investigation into the alleged crime. request you to please go through the provisions of section 300 of the cr pc.

mohd. muqim khan (lawyer / advocate)     12 August 2008

Hi, Mr. Junaid, i appreciate your views in the present  topic. May i suggest that when ever you are on interenet quoting some detail even of section if possible as the person sitting on the net may not have the book and may not share his knowledge at the very moment and ultimately he has to leave the net. hence my humble suggestion is this to provide at least some detail of the section so many persons other than advocate may also be benefitted.

with regards.

davinder (advocate)     12 August 2008

in my opinion second FIR is not possible however supplementary challan can be presented to trial court

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads