No second FIR in same criminal case
Question asked on: 01/12/2016
I have committed an offence, and an FIR was registered. After that, a second FIR is registered against me on the same ground but in different crimes. The charge sheet is filed in respect of both FIR. Presently I am on bail. Both FIR is registered in two different districts, and this is causing considerable trouble for me. My advocate says that I need to file a transfer application before the high court for the trial of both cases in one district. Now please advise that my advocate is right or wrong.
You should not file a transfer application before the high court. It is settled law that no double FIR can be lodged in the same ground. If charge sheet is submitted by the investigating officer in respect of first FIR, then he cannot register another FIR. In no case, double FIR is permissible under the code of criminal procedure. It does not matter that second FIR in a different district.
If the second FIR filed in respect of same accused by same act or transaction such FIR is irregular in the eyes of the law, such FIR is liable to be quashed. It is untenable.
You should file a revision application before the court of session for the quashing of the second FIR. When such FIR is quashed by the session court, immediately submit an application under section 239 crpc (for the discharge in the second FIR) before the court which has taken cognisance on the second FIR.
In T. T.Antony v. State of Kerala 2001 SCC; the supreme court has decided that there can be no second FIR and, consequently, there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence.
In the case of Amit Bhai shah vs CBI 2013 SCC; again the supreme court reiterated the same that there could be no second FIR for the fresh investigation in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences. The offences covered in both the FIRs shall have to be treated as a part of the first FIR.
The scheme of CRPC is very clear that whenever information regarding the commencement of cognizable offence has given, the station in charge of the police station is bound to register it. The investigation is respect for such offence will be commenced by that officer under section 156 and 157 as the case may be.
If a police officer gets another information towards the commencement of another offence by the same accused in the course of the same transaction the police officer is bound to produce further investigation report instead of registering the second FIR.
You should file a revision application before the court of session or before the high court. Second FIR is liable to be set aside. Don’t submit a transfer application. Investigation in second FIR is invalid. Therefore cognisance on the second FIR is also invalid.
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Shivendra Pratap Singh
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