HC quashes 4 FIRs lodged for same incident

New Delhi: The Delhi High Court has quashed four FIRs lodged by the Delhi Police in connection with a case related to last year's North-east Delhi riots and allowed only one to proceed after noting that five separate FIRs "cannot be registered for the same incident as it is contrary to the laws laid down by the Supreme Court". In all the FIRs, the police had booked one accused in five different cases.

A single-judge Bench of Justice Subramonium Prasad in its order said the charge-sheets filed by police in the five cases showed that "they are more or less identical and the accused are also the same". The Bench added that if there was any material that had been found against the accused, it can be placed on record in a single FIR, which the court said police can proceed with.

Four pleas were filed before the court by one Atir, represented by Advocate Tara Narula, arguing that five FIRs had been registered in the case against him in respect of one single dwelling unit based on the complaints filed by different family members of the same household. However, Delhi Police in its response submitted that the properties in question in Jafrabad were distinct and the damages sustained were individually by the residents.

In his order, Justice Prasad said the charge-sheet containing the site plan showed that all the properties were part of the same premises or they were in very close proximity with one another. He further added that the properties may be different or distinct from one another but were located in one compound. The order also noted that the FIR pertained to one house where the fire was started mischievously and spread to immediate neighbouring premises and on the floors of the same house.

The order further said that the houses inside the compound in question belonged to the same family and were owned by different members of the family after it was divided by their forefathers. Justice Prasad said discrepancy might have arisen regarding the width of the passage in the same compound or the exact place where fire was started "but both sides agree that it is within one compound".

Referring to a Supreme Court judgment on the same aspect, the High Court further noted that law on the subject had settled in line with the principles laid out by the Supreme Court of India. The order read: "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."