(2018)1 SCeJ 638





FIR -  Two FIRs are filed in relation to the same offence and against the same accused, whether the subsequent FIR was liable to be quashed or not –Second FIR filed by the appellant against respondent No.3 though related to the same incident for which the first FIR was filed by respondent No.2, yet the second FIR being in the nature of a counter-complaint against respondent No.3 was legally maintainable and could be entertained for being tried on its merits - Firstly, the second FIR was not filed by the same person, who had filed the first FIR,  had it been so, then the situation would have been somewhat different; Second, it was filed by the appellant as a counter-complaint against respondent No.3; Third, the first FIR was against five persons based on one set of allegations whereas the second FIR was based on the allegations different from the allegations made in the first FIR; and Lastly, the High Court while quashing the second FIR/charge-sheet did not examine the issue arising in the case in the light of law laid down by this Court in the cases of  Upkar Singh v. Ved Prakash & Ors., (2004) 13 SCC 292, Surender Kaushik & Ors. v. State of U.P. & Ors., (2013) 5 SCC 148 - CrPC.


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