Advertisement
Sunday, Nov 28, 2021
Outlook.com
Outlook.com

Delhi Riots: Cannot Lodge 5 FIRs For Same Offence, HC Tells Police

Quashing four of the FIRs, the Delhi High Court held that there cannot be a second FIR and fresh investigation for the same cognisable offence, the high court said.

Delhi Riots: Cannot Lodge 5 FIRs For Same Offence, HC Tells Police
Delhi High Court quashes four out of five FIR lodged against one man for the same offence | PTI/File Photo
Delhi Riots: Cannot Lodge 5 FIRs For Same Offence, HC Tells Police
outlookindia.com
2021-09-02T18:05:02+05:30

Amid the ongoing probe into cases of violence during the northeast Delhi riots last year, the Delhi High Court quashed four out of five FIRs lodged by the police on the same incident. It stated that the police cannot lodge multiple FIRs pertaining to the same incident.

The FIRs had been registered for the alleged offences of looting and setting on fire a compound during the sectarian violence that erupted toward the end of February last year. Quashing four of the FIRs, the court held that there cannot be a second FIR and fresh investigation for the same cognisable offence, the high court said.

The court further observed that doing so was contrary to the laws laid down by the Supreme Court, it said.

All five FIRs were lodged against the same accused in March last year at Jaffrabad Police Station and all the proceedings emanating therefrom.

“It cannot be said that the incidents were separate or the offences are different. As stated earlier, a perusal of the charge sheets filed in the respective FIRs show that they are more or less identical and the accused are also same. However, if there is any material that has been found against the accused the same can be placed on record in the FIR,” Justice Subramonium Prasad said.

The court’s order came while allowing four petitions filed by accused Atir, facing prosecution in five FIRs lodged by Delhi Police on complaints by different members of the same family that when they reached their home in Maujpur area on the evening of February 24, they saw their house was set ablaze which caused a loss of articles worth Rs 7-10 lakh.

Advocate Tara Narula, representing Atir, argued that all the FIRs are in respect of the same dwelling unit and have been filed by different family members and even the same fire-brigade truck had come to extinguish the inferno.

She further contended that the consecutive FIRs could not have been filed for the same offence and it directly comes in the teeth of the principles laid down by the Supreme Court which states that more than one FIR cannot be registered for one offence.

Delhi Police claimed that the properties were distinct and the damages have been suffered individually by the residents and that the subject matter of each of the FIRs is different from others.

The court said all the five FIRs are identical in their content and more or less a facsimile of one another and pertain to the same occurrence.

It said they all pertain to one house where fire was started mischievously and spread to immediate neighbouring premises as well as floors of the same house and noted that one of the complainants had stated that the premises was his ancestral property and had been divided into four portions pursuant to a family arrangement.

“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 cognisable offence or same occurrence giving rise to one or more cognizable offences,” it said.

It added that the places which were set on fire and looted were all in the same compound and enclosed in one boundary wall and there might be a discrepancy regarding the width of the passage within the same compound or the exact place where the fire was set but both the counsel for police and accused agreed that it was within one compound.

“The entire incident occurred when the mob entered the compound and set fire at different places within the same compound. Same truck… came to the spot to douse the fire. It, therefore, cannot be said that there are five separate incidents and, therefore, five separate FIRs cannot be registered for the very same incident as it is contrary to the laws laid down by the Supreme Court,” the high court said.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.

(With inputs from PTI)

Advertisement

Outlook Newsletters

Advertisement
Advertisement
Advertisement

Read More from Outlook

Omicron: New Strain Of Coronavirus Escalates Need For Global Vaccine Sharing

Omicron: New Strain Of Coronavirus Escalates Need For Global Vaccine Sharing

'Despite the repeated warnings of health leaders, our failure to put vaccines into the arms of people in the developing world is now coming back to haunt us', wrote former British PM Gordon Brown.

Covid-19: Experts' Take On Omicron And Possibility Of Third Wave In India

Covid-19: Experts' Take On Omicron And Possibility Of Third Wave In India

Though the health experts and scientists in India have advised caution yet they feel that the current immune profile of the majority of the population in India makes them less vulnerable to Omicron as compared to any other country in the world.

IND Vs NZ, First Test, Day 4, Live: Shreyas Iyer Leads India Fightback

IND Vs NZ, First Test, Day 4, Live: Shreyas Iyer Leads India Fightback

The first India vs New Zealand Test is delicately poised with both teams having an opportunity to force a decision. Follow here live cricket scores and updates of IND vs NZ on Day 4.

What Is Omicron: All You Need To Know About The New Coronavirus Strain

What Is Omicron: All You Need To Know About The New Coronavirus Strain

After the detrimental Delta variant which took the world by storm in the second wave of Covid-19, WHO recently declared ‘Omicron’ as the latest ‘variant of concern’ (VOC).

Advertisement