Registering of a 2nd fir on the same matter by a different complainant
surjit singh
(Querist) 08 October 2012
This query is : Resolved
A person by registered post sent a letter informing to the SP about obtaining a Land Possession Certificate from the Local Revenue Authority forging his signatures of two persons (i.e. coparcener) on 20.11.11. The information was received by the SP but no action was taken. Subsequently the other coparcener informed the concerned police station directly and a case was registered on 3.12.2011, and one of the accused was arrested and other are absconding.
Thereafter the earlier person (another coparcener) filed RTI application before the SP asking for information about the action taken on his information provided to the SP on 20.11.11, but did not got any convincing reply and ultimately filed an application under 156(3)CrPC before the concerned CJM on 22.9.2012. The CJM ordered the concerned police station to register a case and investigate.
Now my query is whether the police will register the a seperate case of the same incident according to the order of the CJM and the accused will be arrested again in this case. In the earlier case there were mainly three named accused, but in the application before the CJM there are six accused which also includes the officials of the Local Revenue authorities
PARTHA P BORBORA
(Expert) 08 October 2012
no second FIR is maintainable for same offence. The term FIR means information about commission of an offence received first in the point of time. The secon person may treated as witness only.
surjit singh
(Querist) 29 October 2012
But in the 2nd FIR (i.e. in the complaint under section 156(3) Cr.P.C.)the name of new accused person appeared. The police has not yet called the complainant of the aforesaid 2nd FIR for recording his statement under 162 crpc.
surjit singh
(Querist) 05 November 2012
But in the 2nd FIR (i.e. in the complaint under section 156(3) Cr.P.C.)the name of new accused person appeared. The police has not yet called the complainant of the aforesaid 2nd FIR for recording his statement under 162 crpc.
