New Delhi: 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 in the course of the north-east Delhi riots final yr. There can’t be a second FIR and recent investigation for a similar cognisable offence, the excessive court docket stated.
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 stated. While sustaining one FIR, the excessive court docket quashed the opposite 4 lodged towards the identical accused in March final yr at Jaffrabad Police Station and all of the proceedings emanating therefrom.
It can’t be stated that the incidents have been separate or the offences are completely different. As acknowledged earlier, a perusal of the cost sheets filed within the respective FIRs present that they’re kind of an identical and the accused are additionally similar. However, if there’s any materials that has been discovered towards the accused the identical will be positioned on file within the FIR, Justice Subramonium Prasad stated. The court docket’s order got here whereas permitting 4 petitions filed by accused Atir, dealing with prosecution in 5 FIRs lodged by Delhi Police on complaints by completely 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 price Rs 7-10 lakh.
Advocate Tara Narula, representing Atir, argued that each one the FIRs are in respect of the identical dwelling unit and have been filed by completely different members of the family 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 immediately comes within the tooth of the rules laid down by the Supreme Court which states that multiple FIR can’t be registered for one offence.
Delhi Police claimed that the properties have been distinct and the damages have been suffered individually by the residents and that the subject material of every of the FIRs is completely different from others. The court docket stated all of the 5 FIRs are an identical of their content material and kind of a facsimile of each other and pertain to the identical incidence.
It stated all of them pertain to at least one home the place fireplace was began mischievously and unfold to instant neighbouring premises in addition to flooring of the identical home and famous that one of many complainant had acknowledged that the premises was his ancestral property and had been divided into 4 parts pursuant to a household association. The legislation on the topic has been settled conserving in step with the rules enunciated by the Supreme Court of India. There will 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 stated.
It added that the locations which have been set on fireplace and looted have been all in the identical compound and enclosed in a single boundary wall and there may be discrepancy relating to the width of the passage inside the similar compound or the precise place the place the hearth 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 completely different locations inside the similar compound. Same truck got here to the spot to douse the hearth. It, due to this fact, can’t be stated 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 stated.
Communal clashes had damaged out in northeast Delhi on February 24 after violence between citizenship legislation supporters and protesters spiralled uncontrolled leaving at the very least 53 individuals useless and round 700 injured.
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