For one incident two cognizance as private complaint and fir
Hetalkumar
(Querist) 02 November 2011
This query is : Resolved
Please let me know, if the person have filed private complaint u/s. 190 (1) of Cr.P.C. on particular offence and upon which magistrate had took cognizance and issue process u/s. 202 of Cr.P.C. to enquired into the case to the IO, Can IO on similar set of circumstances and upon instance of another person, subsequently lodge FIR u/s. 154 of Cr.P.C. and take charge of entire investigation for which 202 order is already made by the competent magistrate under whose jurisdiction had been made out ? Can IO have right to club the enquiry and insvestigation basis on subsequent FIR lodged against him ? If the IO, basis on FIR of some other person, tried to manage things and harrass the original complainant and it's witnesses by giving threat of arrest and police attrocities, with intention to fit the person as well his witness before Magistrate in Private Complaint and wrongly diversified entire prosecution, what remedies are available with the complainant who lodged Private Complaint before Magistrate for appropriate investigation in his enquiry case ? Can High Court made interfearance u/s. 482 of Cr.P.C. to give entire enquiry and investigation on second FIR to independant Investigating Team ? or to give suitable direction as to quashing of Second FIR for same offence, registered with Police with an intention to harrass complainant, who rushed first to Magistrate by way of private complaint ? Please advise with any Apex court's Authority in this regard.
Ajay Bansal
(Expert) 02 November 2011
Yes. The High Court can grat you releif in question of your query.
Hetalkumar
(Querist) 02 November 2011
Thank you Sir, for your prompt feed back. Please share some authority have on similar set of facts available with you.
Hetalkumar
(Querist) 02 November 2011
Sir, I also want to know, whether police can file report in Enquiry Case before magistrate for stay the enquiry till further pending investigation u/s. 210 of Cr.P.C. What should remedy available with the complainant before magistrate to oppose that report or action of magistrate thereunder, if any.
Shonee Kapoor
(Expert) 02 November 2011
yes, HC has quashed the second FIR in such scenerios.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Hetalkumar
(Querist) 02 November 2011
Sir request you to more highlight on my susequent query regarding report of poilice for staying the enquiry case u/s. 210 of Cr.P.C., to Magistrate and right of complainant to oppose it. Have also look forward any authority for the same, if available. Thanks again.
Hetalkumar
(Querist) 03 November 2011
Thank you for prompt feedback.
Can Magistrate on his own - Suomoto or basis on police report stay the enquiry u/s. 210 ? What are remedies available to the complainant before magistrate ?
I also want to know that whether private complaint lodged first will survive or superseads the FIR lodged subsequent for similar cause or offence ? In Private Complaint, the name of accused are specific while in FIR on similar set of offence, accused name are unidentifiable.
Please impart your valuable suggestion into the same.
Hetalkumar
(Querist) 05 November 2011
I hope that above query is still in loop of the experts and would be reverted shortly. Thanks.
