Lalchand Hossain@Rashik Rahaman v. the State of West Bengal and Anr.
Case brief
What is this about?
CRR 76 of 2026, High Court at Calcutta Circuit Bench at Jalpaiguri, Jay Sengupta, J.; heard and decided 20/03/2026. Petitioner Lalchand Hossain @ Rashik Rahaman (counsel: Avishek Singh) sought quashing of the proceeding in Dinhata P.S Case No. 23 of 2025 dated 15/01/2025 under Sections 103(1)/61(2) of the BNS, being the second FIR over the same scuffle in which two persons died, with one FIR by one victim's mother and another by the other victim's wife giving contradictory/opposing versions. Relying on Upkar Singh versus Ved Prakash & Ors., (2004) 13 SCC 292, the court held such versions constitute cross or counter FIRs, both maintainable and to be investigated, and dismissed the revisional application without costs.
What did the court decide?
Where contradictory, opposing or different versions are given of an incident, they are to be treated as cross or counter FIRs, and both FIRs are maintainable and would be investigated.