Cases reported in (2013) 6 SCC Part 2 – July 14, 2013 Amitbhai Anilchandra Shah v. CBI, (2013) 6 SCC 348 [(Writ Petitions (Crl.) No. 149 of 2012 with No. 5 of 2013, decided on April 8, 2013)]: Principle that second FIR in case of offences relating to same transaction is impermissible as laid down in T.T. Antony v. State of Kerala, (2001) 6 SCC 181, has never been diluted in any subsequent judicial pronouncements. Situations not covered by this rule are: (a) a second FIR is permissible in case of cross-case(s), and (b) a second FIR is permissible if offence(s) are disclosed which are not part of the first FIR nor can they be said to form part of same transaction as covered in first FIR nor can they be said to be arising as a consequence of offence(s) covered in first FIR. Thus, a second FIR in continuation of same offence (not being a counterclaim), is liable to be interfered with and quashed. Refer the link below to read the following judgment, https://scconline.co.in/cases.aspx?q=%282013%29_6_SCC_348&db=1
Posted on: Wed, 14 Aug 2013 03:32:54 +0000
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