Allahabad High Court Upholds Registration of Second FIR in Distinct Case
The Allahabad High Court emphasized that quashing an FIR should be done cautiously and only in rare situations. The court dismissed a petition against a second FIR claiming identical facts, noting that a subsequent FIR is permissible if it involves distinct offenses or new facts different from the original case.
- Country:
- India
The Allahabad High Court ruled on Thursday that the authority to quash an FIR or criminal proceedings should be used with caution, limited to rare cases where the complaint does not reveal any cognizable offense or if continuing the investigation would abuse legal processes.
A two-judge bench, comprising Justices Chandra Dhari Singh and Lakshmi Kant Shukla, dismissed a petition challenging an FIR. The petition argued the FIR was a second one with identical claims, filed with malicious intent, after a delay exceeding five years from the original incident.
The court clarified that while the Supreme Court's decision in TT Antony vs. State of Kerala restricts second FIRs involving the same occurrence, this does not prevent subsequent FIRs when distinct offenses are revealed by new evidence.
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