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  • Category: Indian Law

    Whether FIR can be registered at two places


    Do you have confusion regarding FIR registration? wondering if FIR can be reigstered in two different state? Here on this Ask Expert page you can find responses from experts for your query.

    As recently in famous actor Sushant Singh Rajput case it is said that Mumbai police as well as Patna police has registered FIR.
    Is it valid to register FIR at two places and in what cases it can be done?
    Also that the offence said to be committed in Mumbai so how can Patna police register FIR and whether the issue as to jurisdiction can be issued at investigation stage?
  • Answers

    5 Answers found.
  • There can be two FIRs. When it is allowed.?

    Two FIRs on one and the same incident is not allowed. But what will be treated as same is the question? In this case, the sameness is having a restriction. A counter FIR relating to the same incident or connected cognizable offence can be lodged.

    But further complaint by the same complainant and others against the same accused can't be filed subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced

    But the accused in the first FIR can file an FIR alleging a different version of the same incident. Different versions in respect of the same incident do take different shapes and in that event, two FIRs is permissible.

    drrao
    always confident

  • It all depends on the police who take the case into their strides. In this case the murder has happened in Mumbai but the resident of the person is in Bihar and thus the parents were forced to lodge FIR in their area as they felt the Mumbai police is not doing justice. Even today the Mumbai police is variant in the case even the visit of Patna high police high official has been treated so badly without many information as sought. So as far as police is concerned they need to be fair and not biased and therefore FIR in two places has gained the prominence in this case. And now the CBI has taken over on the advice of SC and the police investigations would be slow. However having baffled over CBI takeover the Mumbai police also wants to do parallel probe. Therefore it is clear that Police can enforce any kind of rule.

    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • You have asked a very relevant question as there are many legalities involved in this. In this particular case as the Mumbai Police had found and assumed it as a case of established suicide, they have not accepted to lodge a FIR for the alleged action as doubted by the persons lodging it. So in this case there was no first FIR issue. When Mumbai Police did not accept it then the claimant party lodged a FIR in the state of Bihar. When you lodge a FIR in other place then it is up to you to decide where you want to do it and only thing is that the Police there should accept it. Generally they would say that lodge a FIR in Mumbai only. So, in this case the Bihar police based on the reasons best known to them have accepted for lodging a FIR there. Now the law says that FIR should be lodged in the Police station under whose jurisdiction the place of suspected crime falls. This is now resolved because the Supreme Court has accepted the validity of this Bihar FIR on the plea that it was done in exceptional situation. Once the Supreme Court has allowed its legality there is no further question to be raised on it.

    So, there is only one FIR in this case and now the investigation has been handed over to CBI. If Mumbai police had accepted the FIR to be lodged here probably case would not had been given to CBI. In the law things are defined in a very meticulous ways and there are checks and controls for every thing. In dubious and doubtful cases the role of the Judges becomes very crucial and important.

    Knowledge is power.

  • While examining Sushant's case, we can see that there was negligence on the part of Mumbai Police not accepting the FIR on some ground or the other but they are continuing the investigation relating to his prematured death. The doctor attending on his postmortem says that it is a case of suicide though the marks appearing on his body indicate otherwise.
    Sushant's father was not satisfied with all such developments especially the involvement of his son in taking the extreme step of suicide. He approached the police station for registering FIR in Patna though the law says it was to be lodged in Mumbai only because this unfortunate case occurred over there.
    According to Supreme Court, FIR lodged in Patna has been accepted and as such investigation has been taken up CBI with the concurrence of Supreme Court.
    Let us see what is the ultimate outcome of this investigation initiated by CBI.
    It is very much clear now that FIR has been lodged from a single place - Patna only.
    It does not relate to the case of suicide as the symptoms appearing on the body does not match that of suicide. Let us wait for the further investigation initiated by CBI.

  • It will be decided by the law of the state, police which law will be considered first, the opinion of the court will also be important. Both states involved since the incident took place in Mumbai and Sushant was from Bihar, the two states related to it. In general, when we report to the police about a major crime. Or make a report to the police. So it is called FIR. The FIR runs according to CRPC 1973. Any person can report any incident to the police. And if he cannot go to the police during the incident. So he can register his complaint over phone also. But if you complain on the phone. Then you have to go to the police and write FIR to them later. You have to register two complaints on the phone to the police, later you will have to go to the police station and register that complaint.
    In general, the FIR is processed under Section 154 of the Indian Penal Procedure Code 1973. In Sushant Rajput's case, it has been told by communication mediums that Mumbai Police has filed Accidental Death Report in Sushant case. He has done this under Section 174 of CRPC. In such a case, the FIR filed in Bihar will be considered as the first in this case.

    Swati Sharma

    Keep your Face to the SunShine


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