DO POLICE HAVE POWERS TO FILE ADDITIONAL FIR AND INCLUDE FEW OTHERS AS ACCUSED ? IF SO UNDER WHAT PROVISIONS ADDITIONAL FIR IS FILED BY POLICE ?
M. PIRAVI PERUMAL (Advocate & Consumer Rights) 14 April 2009
DO POLICE HAVE POWERS TO FILE ADDITIONAL FIR AND INCLUDE FEW OTHERS AS ACCUSED ? IF SO UNDER WHAT PROVISIONS ADDITIONAL FIR IS FILED BY POLICE ?
N.K.Assumi (Advocate) 14 April 2009
Dear Piraviji,
I have never come across additional FIR, though the power of the police is so enormous they may add more accused suspected to be involved in the case, though they may not figured in the First Information Report. Police can filed additional charge sheet popularly known as supplementary charge sheet but not Additional FIR over the same incidents.
M. PIRAVI PERUMAL (Advocate & Consumer Rights) 14 April 2009
I too never heard about additional FIR. But it is peculiar that in a case of my client police have registered a case u/s 420 IPC. Subsequently after 2 months police had filed an FIR stating i(same crime number) that as additional FIR and had added the father-in-law of my client as an co-accused. NO CHARGESHEET HAS BEEN FILED. I have heard lot about adding more accused or exonerating some accused din the charge sheet but this is the first time I have come across additional FIR. Let me wait for response of other learned members of other parts of the country.
N.K.Assumi (Advocate) 14 April 2009
Through out my long history of criminl cases experienec,I have never heard of additional FIR, even in a State like Nagaland. Additional FIR will result in stratling criminal justice system, and it will demolish the prosecution case itself. I am just wandering what has happened with our Ciminal justice systems. Can you imagined,? in one of my case I have to run from pillar to post in search of my Registered case number and even the Prosecutor and the Session Judge was not aware of the case reigistered of my Client's case?
Swami Sadashiva Brahmendra Sar (Nil) 14 April 2009
two FIRs for onethere can not be investigation. even if there are several reports , the reort/information thatwas first in time, will be treated as FIR.
in your case what you referring as additional FIR is probably supplementary chargesheet on the basis of further investigation.
K.C.Suresh (Advocate) 15 April 2009
Two FIR for the same instance is illegal. Antony v State of Kerala. Citasion yet to collect.
N.K.Assumi (Advocate) 15 April 2009
Suresh citation is very informative on the issue.Additional FIR in unknown procedure in Law. I am searching the citation of Suresh ! Suresh, is it SC case?
N.K.Assumi (Advocate) 15 April 2009
Yes, Suresh I got it and it is made cleared by the Spreme Court that there can be no second FIR in the scheme of the code, ir respect of same incidents and same fact.
madhumeet kapoor (professional) 15 April 2009
i have also not heard of additional fir ever in my total span of 17 years of practice.Mr. suresh it will, be very convenient if you can give details of citation.
Lt Col atultyagi (management) 18 April 2009