Case Note & Summary
The case involved an appeal concerning the registration of FIRs related to an incident that occurred on May 20, 1995. The appellant, Upkar Singh, lodged a complaint against the respondents, which led to the registration of a crime under Sections 452 and 307 of the Indian Penal Code (IPC). The appellant also alleged that he was a victim of the same incident and sought to file a counter complaint, which was initially not entertained by the police. After approaching the Judicial Magistrate, the court directed the police to register the counter complaint. The respondents challenged this order, leading to a revision petition that was upheld by the Sessions Judge, which was subsequently dismissed by the High Court. The High Court relied on a previous judgment, Ram Mohan Garg vs. State of U.P., which stated that two FIRs for the same incident were not permissible. The Supreme Court, however, examined the legal principles surrounding FIR registration and counter complaints, particularly in light of the T.T. Antony case. The court concluded that the prohibition against multiple FIRs applies only to complaints by the same party against the same accused and does not extend to counter complaints. The court restored the Magistrate's order, emphasizing the right of an aggrieved party to file a counter complaint to ensure justice. The appeal was thus allowed, and the orders of the High Court and Sessions Judge were set aside.
Headnote
A) Criminal Procedure - FIR Registration - Counter Complaints - Section 154, 162 Criminal Procedure Code, 1973 - The court clarified that a counter complaint is permissible even after a first FIR is registered, as it does not violate the provisions of the Code. The court emphasized that the prohibition against multiple FIRs pertains to complaints by the same complainant against the same accused, not to counter complaints by the accused. Held that the Magistrate was justified in directing the police to register and investigate the counter complaint (Paras 1-6).
Issue of Consideration
Whether a counter complaint can be registered after the first FIR has been lodged regarding the same incident.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court and the Additional Sessions Judge, and restored the order of the Judicial Magistrate directing the registration of the counter complaint.
Law Points
- Counter complaint
- FIR registration
- Section 154 CrPC
- Section 162 CrPC
- Judicial Magistrate's powers
