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Delhi Riots: HC Says Five FIRs Cannot Be Registered for Same Incident, Quashes Four Featured

  02 September 2021

The court said there cannot be a second FIR and fresh investigation for the same cognisable offence.

New Delhi: The Delhi high court has quashed four FIRs lodged for the alleged offences of looting and setting on fire a compound during the North East Delhi riots last year, saying there cannot be a second FIR and fresh investigation for the same cognisable offence.The high court said five separate FIRs cannot be registered for the very same incident as it is contrary to the laws laid down by the Supreme Court.

While maintaining one FIR, it quashed the other four lodged in March last year at the Jaffrabad Police Station.Justice Subramonium Prasad said, “It cannot be said that the incidents were separate or the offences are different. As stated earlier, a perusal of the chargesheets 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.”

The order’s passed in petitions filed by Atir, one of the accused in the cases, arguing that the five FIRs were registered with respect to just one dwelling unit, based on complaints filed by different members of the same family, according to the Indian Express. His counsel told the court that it was the same truck that extinguished the fire.

 

The Delhi police said that the properties were distinct and the damages have been suffered individually by the residents and therefore, separate FIRs were fired.According to the Indian Express, the FIRs pertain to a fire that was “started mischievously” at one house and spread to the next premises as well as floors of the same house. The FIRs state that monetary loss was caused to each of the complainants residing in different parts of the buildings in the same compound and the surrounding ones as their “belongings and other valuables had been burnt down”.

From the chargesheet containing the site plan, it is evident that all the properties are part of the same premises or are in very close proximity, the court said, adding that the properties, even if they are different or distinct from one another, are located in one compound. 

“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 cognizable offence or same occurrence giving rise to one or more cognizable offences,” said the bench, according to the Indian Express.

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