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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Two FIR cannot be for same occurrences: JKL High Court

Two FIR cannot be for same occurrences: JKL High Court

The important thing for the victory is to start. In criminal cases, FIR is the beginning. Every landmark judgement related to a criminal case has registered  FIR.

In the case of Abdul Rashid vs UT of J&K bench held by Justice Rajnesh Oswal observed that there cannot be two FIR for the same occurrences except under counter FIR and investigation is still going on while hearing the plea on order passed against the Judicial Magistrate Kishwat.

 In this case Respondent No.2 stated in the report which was issued by the notice that one FIR stands already registered prior to the filing of the complaint by the petitioner under section 156(3) CrPC and in the FIR, the son of said the complainant. 

The bench stated that there could not be two FIRs for the same occurrences but there may be two or different parties for the same version of the FIR.

Section 154(1) of the CrPC allows a complainant to lodge  FIR on the commission of a cognizable offence. 

In the case T.T.Antony vs the State of Kerala and Ors it was stated that –  “Information given under sub-section (1) of Section 154 of Cr.P.C., is commonly known as the First Information Report (FIR), though this term is not used in the Code….And as its nickname suggests, it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station”