The Delhi High Court has held that police can’t lodge 5 FIRs for a similar incident and quashed 4 of them registered for the alleged offences of looting and setting on fireplace a compound through the north-east Delhi riots final 12 months. There can’t be a second FIR and recent investigation for a similar cognisable offence, the excessive court docket mentioned.
Five separate FIRs can’t be registered for the exact same incident as it’s opposite to the legal guidelines laid down by the Supreme Court, it mentioned. While sustaining one FIR, the excessive court docket quashed the opposite 4 lodged in opposition to the identical accused in March final 12 months at Jaffrabad Police Station and all of the proceedings emanating therefrom.
It can’t be mentioned that the incidents had been separate or the offences are totally different. As said earlier, a perusal of the cost sheets filed within the respective FIRs present that they’re roughly an identical and the accused are additionally similar. However, if there may be any materials that has been discovered in opposition to the accused the identical could be positioned on report within the FIR, Justice Subramonium Prasad mentioned. The court docket’s order got here whereas permitting 4 petitions filed by accused Atir, going through prosecution in 5 FIRs lodged by Delhi Police on complaints by totally different members of the identical household that after they reached their house in Maujpur space on the night of February 24, they noticed their home was set ablaze which induced a lack of articles value Rs 7-10 lakh.
Advocate Tara Narula, representing Atir, argued that every one the FIRs are in respect of the identical dwelling unit and have been filed by totally different relations and even the identical fire-brigade truck had come to extinguish the inferno. She additional contended that the consecutive FIRs couldn’t have been filed for a similar offence and it straight comes within the enamel of the ideas laid down by the Supreme Court which states that a couple of FIR can’t be registered for one offence.
Delhi Police claimed that the properties had been distinct and the damages have been suffered individually by the residents and that the subject material of every of the FIRs is totally different from others. The court docket mentioned all of the 5 FIRs are an identical of their content material and roughly a facsimile of each other and pertain to the identical incidence.
It mentioned all of them pertain to at least one home the place fireplace was began mischievously and unfold to fast neighbouring premises in addition to flooring of the identical home and famous that one of many complainant had said that the premises was his ancestral property and had been divided into 4 parts pursuant to a household association. The regulation on the topic has been settled holding in step with the ideas enunciated by the Supreme Court of India. There could be no second FIR and no recent investigation in respect of the identical cognisable offence or similar incidence giving rise to a number of cognizable offences, it mentioned.
It added that the locations which had been set on fireplace and looted had been all in the identical compound and enclosed in a single boundary wall and there is likely to be discrepancy relating to the width of the passage throughout the similar compound or the precise place the place the fireplace was set however each the counsel for police and accused agreed that it was inside one compound. The complete incident occurred when the mob entered the compound and set fireplace at totally different locations throughout the similar compound. Same truck got here to the spot to douse the fireplace. It, due to this fact, can’t be mentioned that there are 5 separate incidents and, due to this fact, 5 separate FIRs can’t be registered for the exact same incident as it’s opposite to the legal guidelines laid down by the Supreme Court, the excessive court docket mentioned.
Communal clashes had damaged out in northeast Delhi on February 24 after violence between citizenship regulation supporters and protesters spiralled uncontrolled leaving at the very least 53 folks useless and round 700 injured.
(PTI)