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Pinky   07 December 2023

Single FIR

1. Can two separate NCs generated at police station be clubbed into single FIR without any magistrate order ?

2. Can 2 separate cognizable incidents Be Clubbed Together in single FIR?


Learning

 3 Replies

Dr. J C Vashista (Advocate )     07 December 2023

It depends upon the complainant to get them clubbed if there is some nexus to the information. However, different cause of action should be reported / informed / complained and investigated separately. 

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T. Kalaiselvan, Advocate (Advocate)     08 December 2023

The Supreme Court recently declined to club multiple FIRs where the offenses against the petitioner involved not only provisions of the Indian Penal Code(IPC) but also invoked various state enactments designed to protect investors.

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Sanskriti Tiwari   08 December 2023

The law allows the police to club separate Non-Cognizable (NC) complaints into a single First Information Report (FIR) without requiring a magistrate's order. The Code of Criminal Procedure (CrPC) permits this consolidation under Section 154(1), which empowers the police to investigate and file an FIR for cognizable offenses. However, this is subject to the discretion of the investigating officer, based on the facts and circumstances of the cases.

Regarding the clubbing of two separate cognizable incidents into a single FIR, the CrPC allows it under certain conditions. The decision rests on the nature of the incidents, their interconnection, and whether they form part of the same transaction or series of connected events. The Supreme Court in the case of T.T. Antony vs State of Kerala held that separate incidents forming part of the same transaction can be clubbed into a single FIR.

However, this consolidation should not result in the dilution of the gravity or seriousness of the offenses involved. The police need to ensure proper investigation and documentation of each distinct incident. Ultimately, the decision to club multiple cognizable incidents into a single FIR depends on their factual linkage and must be done without compromising the integrity of the investigation.

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