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Delhi Riots- "No Second FIR, Fresh Investigation For Same Offence, Same Occurrence": Delhi High Court Quashes FIRs Against One Accused

Nupur Thapliyal
2 Sep 2021 5:02 AM GMT
Delhi Riots- No Second FIR, Fresh Investigation For Same Offence, Same Occurrence: Delhi High Court Quashes FIRs Against One Accused
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The Delhi High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person."The law on the subject has been settled keeping in line with the principles enunciated by the Supreme Court of India. There can be no second FIR and no fresh investigation in respect of the...

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The Delhi High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person.

"The law on the subject has been settled keeping in line with the principles enunciated by the Supreme Court of India. There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences," Justice Subramonium Prasad reiterated.

The main FIR 106/2020 was registered on the basis of a complaint alleging arson in a house during the riots which was also set on fire.

The quashed FIRs in question, being FIR 112/2020, 132/2020, 107/2020, 102/2020 and 113/2020 were subsequently registered under sec. 147, 148, 149, 436 and 34 IPC and sec. 3 and 4 of the Prevention of Damage to Public Property Act, 1984. 

It was thus the case of petitioner Atir that all five FIRs are in respect of the same unit and have been filed by different members of the same family.

It was therefore submitted that consecutive FIRs could not have been filed in respect of the same offence as it directly comes in the teeth of the principles laid down in TT Antony's judgment.

On the other hand, SPP submitted that the petition was ill-conceived and deserved a summary dismissal.

According to the prosecution, reliance was made on the site plan to demonstrate that each incident of arson in the FIRs was in respect of distinct properties and residents of the burnt premises had individually suffered. 

"All the above FIR's are identical in their content and more or less a facsimile of one another and pertain to the same occurrence. They all pertain to one house where fire was started mischievously and spread to immediate neighboring premises as well as floors of the same house," the Court observed after going through the site plan.

The Court also observed that though the said properties may be different from one another however were located in the same compound. 

"It is also to be noted that most of the houses in the said compound belong to the same family and were owned by different members of the family after being divided by their forefathers," the Court added.

However, the Court also said that if there is any material that has been found against the accused, it can be placed on record in the main FIR i.e. FIR 106/2020.

"In view of the said principles and precedents, save FIR No. 106/2020 registered on 01.03.2020 at Police Station Jaffrabad, FIR No. 107/2020, FIR No.112/2020, FIR No. 113/2020 and FIR No.132/2020 all registered at Police Station Jaffrabad and all proceedings emanating therefrom are hereby quashed and set aside," the Court said.

Advocates Tara Narula, Nupur, Aparajita Sinha and Tamanna Pankaj appeared for the petitioner whereas SPP Anuj Handa along with Advocate Sarang Shekhar appeared for the State.

Title: ATIR v. STATE OF NCT DELHI

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