Supreme Court · 2013 INSC 103 · Decided 14 February 2013
Surender Kaushik and Others v. State of Uttar Pradesh and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 103 · [2013] 1 S.C.R. 1053
- Case number
- CRIMINAL APPEAL No. 305/2013
- Decided
- 14 February 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 156(3); Constitution Article 226, 227
Headnote
FIR - Lodgment of two Fl Rs - In respect of same incident A B - Permissibility - Held - Lodgment of two FIRs is not permissible in respect of one and the same incident - C However, the concept of sameness does not encompass filing of counter FIR - Prohibition is for further complaint by against the same accused - In the present case, the allegations in the FIRs are distinct and separate and the same may be regarded as counter D complaint - Principle of sameness does not get attracted - Hence, second FIR not liable to be quashed on account of existence of first FIR -
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