Arvind Singh Chauhan (advocate) 07 April 2010
A files FIR 380 IPC in UP that his vehicle has been stolen by accused. Later on A reached to accused's home town UTTarakhand and lodge another FIR 411IPC. Accused has been arrested by Uttarakhand Police and sent to judicial cusrody in persuance of FIR lodged in Uttarakhand.
Sir ! Which court has jurisdiction to try the case. If accused seek bail from Uttarakhand whether UP police can arrest him again due to FIR lodged there?
Krishnamurthy Ramdas Iyer (Advocacy) 13 May 2010
yes as both are separate offences
Anmol Sharma (advocate) 14 May 2010
Dear Mr. Arvind and Iyerji,
I want to discuss with iyerji whether for the same occurance two FIR's can be lodged, keeping in view TT antony judgment, also keepin in view the sec 300 crpc, whether two charges can be framed on the same facts for different offences after the disposal of the first trial... although it can be done under section 221(1) in the same trial.
Even in cross cases one trial has to be stayed...
Please I also want to clear my doubts, so reply..
Krishnamurthy Ramdas Iyer (Advocacy) 15 May 2010
411 IPC deals with dishonestly receiving stolen property and 380 IPC deals with theft in dwelling,house etc.
actually 379 IPC should have been charged in both places. But that is not the case.
Hence police will treat it as separate offences in both State.
It needs to be proved that there is theft of car .
I do not understand why 2 FIRs were lodged in different State?
Of course Legal remedies are there, but on the issue of arrest, police can arrest him.
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