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TMI Blog2021 (9) TMI 1549X X X X Extracts X X X X X X X X Extracts X X X X ..... CRL.M.C. 1198/2021 has been filed for quashing FIR No. 132/2020, dated 05.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436, 480 and 34 IPC and subsequent charge-sheet registered at CR. Cases No.1664/2020 and summoning order dated 29.01.2021. 3. CRL.M.C. 1230/2021 has been filed for quashing FIR No. 107/2020, dated 01.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436 and 34 IPC and subsequent charge-sheet dated 07.05.2020 and supplementary Charge-sheet dated 02.12.2020 registered as CR. Cases No.2949/2020 and committed as SC No.102/2021 and summoning orders dated 08.05.2020, 05.10.2020, 05.11.2020, 18.11.2020, 01.12.2020, 14.12.2020, 24.12.2020, 06.01.2021, 19.01.2021, 02.02.2021, 16.02.2021 in CR Cases No. 2949/2020 and orders dated 02.03.2021 and 16.03.2021 passed in SC No.102/2021. 4. CRL.M.C. 1233/2021 has been filed for quashing FIR No. 113/2020, dated 02.03.2020, registered at Police Station Jaffrabad for offences under Sections 147, 148, 149, 436 and 34 IPC and Sections 3/4 of the Prevention of PDPP Act and subsequent charge-sheet dated 07.05.2020 registered as CR. Cases No.2043/2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olice Station Jaffarabad. The complainant who is a fruit seller at Gali No.7, B Block, Kardampuri, Vistar Delhi, North East Delhi, he is also a tenant at T209, Main Road Maujpur, near Victor Public School, he states that on 25.02.2020 a mob entered his godown and pilfered the stock of fruits amounting to Rs.2 Lakhs along with four batteries and handcarts. It is further stated that the premises was burnt down by the rioting mob. 10. Ms. Tara Narula, learned counsel appearing for the petitioner, contends that all the five FIRs are in respect of one unit i.e. T-209B, Main Road, Maujpur, Near Victor Public School. It was argued by her that FIR Nos.106/2020, 107/2020, 112/2020, 113/2020 have been filed by different members of the same family, she submits that the fire brigade which extinguished the inferno was by the same truck bearing unique No. 926225. She further contends that the consecutive FIRs could not have been filed in respect of the same offence and it directly comes in the teeth of the principles laid down in the case of TT Antony V. State of Kerala, 2001 6 SCC 181, which states that more than one FIR cannot be registered for one offence. 11. Per Contra, Mr. Anuj Handa, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , shows that on 24.02.2020, a mob entered the compound where the properties are situated, ransacked it and set it ablaze. It may be so that the properties are different or distinct from one another but are located in one compound. It is also to be noted that most of the houses in the said compound belong to the same family and were owned by different members of the family after being divided by their forefathers. 16. In T.T. Antony v. State of Kerala, 2001 6 SCC 181, the Supreme Court has held - "27.A just balance between the fundamental rights of the citizens under Articles 19 and 21 of the Constitution and the expansive power of the police to investigate a cognizable offence has to be struck by the Court. There cannot be any controversy that sub-section (8) of Section 173 Cr.P.C. empowers the police to make further investigation, obtain further evidence (both oral and documentary) and forward a further report or reports to the Magistrate. In Narangs' case (supra) it was, however, observed that it would be appropriate to conduct further investigation with the permission of the Court. However, the sweeping power of investigation does not warrant subjecting a citizen each tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udhary V. State of U.P., (2013) 6 SCC 384, the Supreme Court held as under: "14. On a plain construction of the language and scheme of Sections 154, 156 and 190 of the Code, it cannot be construed or suggested that there can be more than one FIR about an occurrence. However, the opening words of Section 154 suggest that every information relating to commission of a cognizable offence shall be reduced into writing by the officer-incharge of a police station. This implies that there has to be the first information report about an incident which constitutes a cognizable offence. The purpose of registering an FIR is to set the machinery of criminal investigation into motion, which culminates with filing of the police report in terms of Section 173(2) of the Code. It will thus be appropriate to follow the settled principle that there cannot be two FIRs registered for the same offence. However, where the incident is separate; offences are different, or even where subsequent crime is of the magnitude that it does not fall within the ambit and scope of the FIR first recorded, then a second FIR could be registered. The most important aspect is to examine the inbuilt safeguards provided by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, there could be a common FIR or subsequent FIR could not be permitted to be registered or there could be a common trial." (emphasis supplied) 19. The law on the subject has been settled keeping in line with the principles enunciated by the Supreme Court of India. 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. 20. As stated above, the places which have been set on fire, looted are all in the same compound and are all enclosed in one boundary wall. There might be discrepancy regarding the width of the passage within the same compound or the exact place where the fire was set but both sides agree that it is within one compound. The complainant in FIR No.113/2020 himself has stated that the property is an ancestral property which has been subdivided pursuant to a family arrangement. The entire incident has occurred when the mob entered the compound and set fire at different places within the same compound. Same truck bearing unique No.926225 came to the spot to douse the fire. It, therefore, cannot be said that there are five separate incidents and, therefore, f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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