Counter-FIR : A View of Supreme Court

 Counter - FIR : A view of Supreme Court

An important Judgment was passed by Hon'ble Supreme Court on 14 February 2013.

It has been commented at page 22 of Surender Kaushik v State of Uttar Pradesh [2013] GCtR 1707 (SC) thus : - 

"Lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter-FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint."

"Rival versions in respect of the same incident do take different shapes and in that event, lodgment of two FIRs is permissible."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 14 February 2013.

Written by 

Vishal

Delhi

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