Can we club two firs of the same offence.

Santhosh (Querist) 01 November 2011 This query is : Resolved
Hi,

I would like your expert advise on a situation.

An offence was committed(Forgery of my email) and one person has lodged an FIR. Meanwhile, I have also lodged a private complaint on the same offence. Here are my questions.

1. Can these two FIRs be clubbed together and treated as one case?
2. If yes, can the investigating officer of my complaint take that decision?
3. If no, Can I withdraw the complaint since investigation is already being done on the first FIR? what are the reasons i can quote for withdrawal and what is the procedure?

Note: these two FIRs are registered in two different jurisdictions

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Raj Kumar Makkad (Expert) 01 November 2011
1. No.

2. NA

3. Yes.

jatin sharma (Expert) 01 November 2011
raj sir is right.

prabhakar singh (Expert) 01 November 2011
agree with mr. makkad!

Santhosh (Querist) 01 November 2011
Thank you all for the quick response. Now that I know I can withdraw my complaint, please let me know the procedure.
Do I approach the court again or do i just inform the IO?

Adv.Shine Thomas (Expert) 02 November 2011
We have discussed this subject under the head "Two FIRs for the same offence permissible"on 10th sept.2010.

Shailesh Kumar Shah (Expert) 02 November 2011
you are right. http://www.lawyersclubindia.com/forum/Two-FIRs-for-same-offence-permissible-Supreme-Court-24010.asp#113953

Kiran Kumar (Expert) 02 November 2011
you need not to take back your complaint, let the case be investigated properly...ur complaint in addition to the pending FIR may result into more effective case against the accused.

Sankaranarayanan (Expert) 02 November 2011
yes i do agree with experts opinion

Shonee Kapoor (Expert) 02 November 2011
:-)

Why is this query been raised again, it has been replied earlier.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

A. A. JOSE (Expert) 02 November 2011
Advocates Shine and Shailesh Kr.Shah have rightly explained the matter and I too agree with the same.

Dr V. Nageswara Rao (Expert) 02 November 2011
The question whether the two FIRs relate to the same offence and same offenders is a a question of law. Electronic vilolations raise questions of jurisdiction and it is not advisable to withdraw the complaint in haste.

Dr V. Nageswara Rao (Expert) 02 November 2011
Obviously, if there is sn e mail forgery of signatures of two different persons,there are two different offences and there could be two or more different victims and offenders.Why should you think of withdrawing the complaint at all? Leave it to the police and the Courts. There cannot be an "yes' or 'no' answer to this question.