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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