Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of Criminal Justice Second FIR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Code of Criminal Procedure, 1973 - ss.154, 155, 156, 157, 162, 169, 170 and 173(8) - Second FIR - Registration of - Permissibility - Held: - There can be no second FIR and C consequently, there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence, giving rise to one or more cognizable offences - Sub-s. (8) of s. 173 empowers the police to make further investigation, in such cases - In the facts and circumstances of the present case, second FIR and fresh charge--sheet is unwarranted and violative of fundamental right u/Arts. 14, 20 and 21 of the Constitution - Hence, the same is quashed and charge-sheet filed in pursuance of the second FIR, directed to be regarded as a supplementary charge-sheet in the first FIR - Constitution of India, 1950 - Arts. 14, 20 and 21. Administration of Criminal Justice - Court needs to strike balance between fundamental rights of accused and power of police to investigate a cognizable offence - Sweeping power of investigation does not warrant subjecting a citizen each time, to fresh investigation in respect of the same incident, giving rise to one or more cognizable offences - Code of Criminal Procedure, 1973 - s.154 - Constitution of India, 1950 - Fundamental Rights. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 224 |
Petitioner | Amitbhai Anilchandra Shah |
Respondent | The Central Bureau Of Investigation & Anr. |
SCR | [2013] 6 S.C.R. 623 |
Judgement Date | 2013-04-08 |
Case Number | 149 |
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