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Anz A. (Associate)     02 February 2012

Is there a need for second fir ?

Mr. Raj after returning from abroad files a case against his house caretaker for restraining him from entering his own (Raj's) house. The house caretaker is booked for criminal intimidation, fraud, etc. under IPC. After 2 weeks Mr. Raj is able to enter his house only to find that many of his belongings including a licensed gun is missing from his house. Does Mr. Raj needs to file a second FIR for theft of belongings and the missing gun ? Or the charges will be simply added to the first FIR ?


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 8 Replies

Arvind Singh Chauhan (advocate)     02 February 2012

You can add this on your statement to investigation officer.

Anz A. (Associate)     02 February 2012

Mr. Arvind, adding this on the statement to IO is an option.

But, Can a second FIR be filed and would it be maintainable in this situation ?

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 February 2012

Yes a second FIR can be filed as it is a crime which came to the knowledge of the victim subsequently.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

You should file second FIR as the latest crime is punishable under different sections of IPC & needs to be accordingly complained.

Pawan Kumar (Partner)     03 February 2012

For a same cause of action second FIR is not permissible in law and if filed, that would be illegal......... Law is well settled since the times of "T.T. Antony"

Anz A. (Associate)     04 February 2012

There were two different cause of action,, One: Restraining the owner from entering his own house. Second:Carrying away his belongings and gun.

Pawan Kumar (Partner)     05 February 2012

According to me- there is only one cause of action constituting two distinct offences; it is immaterial when you gained the knwoledge of the offence committed by the accused.

If your proosition is accepted- what would happen in a case wherein three co-accused joined together to shoot a person and then to disaapear the gun. Will it be proper to file four different FIRs against such person for offences 120B, 302, 201 IPC and section 25 Arms Act.

I think, even if sombody has done so, they will be charged and tried together....

DEEPAK ASSOCIATES (08010117611)     05 February 2012

if the police added this in your statement related to first FIR then no need to lodge the second FIR otherwise you should have to lodge the Second FIR

 


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