Code of criminal procedure
sachin sethi
(Querist) 20 April 2013
This query is : Resolved
A girl filed a criminal complaint under section 498-A IPC and her request under section 156 (3) Cr. P. C. was allowed and an F I R was registered in the matter. But before accused could have been arrested, they entered into compromise with that girl and obtained affidavit from her, and submitted the affidavit before Superintendent of police. The girl also returned to her matrimonial home and the F I R has now been cancelled by the police but the same is yet to be submitted before the concerned court..
In the meanwhile the girl is again turned out of her matrimonial home, with no chances of reconciliation, and she again filed a criminal complaint before the concerned court, mentioning all the previous occurrences and registration of F I R etc. along with fresh details and additional accused and with a prayer under section 156 (3) Cr.P.C. for registration of case. Now the concerned court is insisting that two F I Rs in same matter can not be registered however the court has sought the status report of previous F I R and it is clear before the court that police has cancelled the previous F I R. Now my queries are:-
Whether in the above mentioned circumstances registration of F I R upon complaint (which is second in point of time) is permissible, especially when fresh detail, occurrences and additional accused are there..
Whether there is any case law/precedent in in this is regard, where such a request has been allowed..
Devajyoti Barman
(Expert) 20 April 2013
Second FIR is very much maintainable if it is based on new and subsequent allegations.
The court is wrong in saying two FIRs as the first FIR has been closed in Final Report.
Rajarshi Bhowmik
(Expert) 21 April 2013
I slightly differ with our expert Devajyoti Barman. If the case i.e. the first one is still pending for investigation all the future matter can come under the same as future events but if the first one is completed i.e. investigation then the later incidents can be recorted as second case. However in the firstonce case if Police had submoted frt then you are free to file a protest petition for re investigation. For details yoy may visit www.rajarshibhowmik.webs.com
R.K Nanda
(Expert) 21 April 2013
no more to add.
Arun Kumar Bhagat
(Expert) 21 April 2013
Under new facts second FIR maintainable on the ground of fresh cause of action.
sachin sethi
(Querist) 03 December 2014
Yes 2nd FIR is maintainable.....Please refer to Manik Chand vs. The State.....1998 vol. 3 R C R crl. Pg. 181......specific rulling on 498-A as you require in your matter.....
