Case Note & Summary
The case arose from a communal violence incident in Gorakhpur following the murder of a Hindu boy, Rajkumar Agrahari, on 26th January 2007. Anju Chaudhary, the Mayor of Gorakhpur, was among those present at a condolence meeting that escalated tensions. Parvez Parwaz, a social activist, filed a complaint under Section 156(3) of the Code of Criminal Procedure on 16th November 2007, alleging that Yogi Aditya Nath and others incited violence against Muslims, leading to widespread riots and property destruction. The Chief Judicial Magistrate initially rejected the application, stating that an FIR had already been registered for a related incident. However, the High Court overturned this decision, asserting that the allegations in Parwaz's application warranted a separate FIR due to the distinct nature of the incidents described. Anju Chaudhary appealed against the High Court's ruling, arguing that it violated legal principles regarding FIR registration and natural justice. The Supreme Court examined the legal framework surrounding FIR registration, concluding that while multiple FIRs for the same offence are impermissible, separate FIRs for different incidents are allowed. The court emphasized the need for proper investigation into all allegations and upheld the High Court's directive for the registration of a new FIR (Paras 1-28).
Headnote
A) Criminal Procedure - Registration of FIR - Permissibility of Multiple FIRs - Code of Criminal Procedure, 1973, Sections 154, 156 - The court held that while there cannot be two FIRs for the same offence, separate FIRs can be registered for distinct incidents arising from the same occurrence. The High Court's order to register a second FIR was justified as the incidents mentioned were different and required separate investigations (Paras 12-16).
Issue of Consideration
Whether more than one FIR can be registered in relation to the same incident or different incidents arising from the same occurrence.
Final Decision
The Supreme Court upheld the High Court's order, allowing the registration of a second FIR based on distinct incidents arising from the same occurrence, emphasizing the need for proper investigation into all allegations.
Law Points
- registration of FIR
- Section 154 Code of Criminal Procedure
- Section 156 Code of Criminal Procedure
- multiple FIRs
- cognizable offences
- judicial discretion
