Petitioner sought a writ prohibiting the registration of a second FIR after a charge sheet was filed for the original offence. The court held that a second FIR is permissible if the accused committed a subsequent offence, dismissing the petition as lacking merit.
Please cherish that doubts may be that second FIR cannot be filed.
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WP. 913-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 913 OF 2015
Shashikant Atmaram Mali … Petitioner Vs.
The State of Maharashtra & Ors. … Respondents
None for the Petitioner.
Mrs. K. V. Saste, APP for Respondent Nos. 1 & 2.
CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ. DATE : DECEMBER 16, 2016
PC.
. None appears on behalf of the Petitioner. Heard the learned APP appearing for Respondent Nos. 1 and 2. The grievance of the Petitioner is that after the charge-sheet was filed, second FIR has been registered by the police. The contention of the Petitioner, as can be seen from the averments made in the petition, is that second FIR cannot be filed. We disagree with the said averment. If after the charge-sheet is filed for an offence the Petitioner has continued the second offence again, second FIR can be filed. Hence, there is no merit in the petition. Writ petition is, therefore, dismissed.
Sd/Sd/[Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.]
Vinayak Halemath
1 / 1
2 issues framed by the court
Whether a second FIR can be registered after a charge sheet has been filed if the accused committed a new offence.
The merits of the petitioner's writ petition challenging the registration of the second FIR.
Shashikant Atmaram Mali
The State of Maharashtra
V. M. Kanade
Ms. Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
