Supreme Court of India
Surender Kaushik and Others v. State of Uttar Pradesh and Others
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid premised reasons, the appeal, being sans substance, stands dismissed.
Judgment, page 17
From the headnote
FIR - Lodgment of two Fl Rs - In respect of same incident - Permissibility - Held - Lodgment of two FIRs is not permissible in respect of one and the same incident - However, the concept of sameness does not encompass filing of counter FIR - Prohibition is for further complaint by same complainant and others against the same accused - In the present case, the allegations in the FIRs are distinct and separate and the same may be regarded as counter complaint - Principle of sameness does not get attracted - Hence, second FIR not liable to be quashed on account of existence of first FIR -
Authorities it was built on
- 1990 State of Haryana and Ors v. Ch. Bhajan Lal and Ors.
- 2005 State (n.c.t. of Delhi) v. Navjot Sandhu@afsan Guru
- 2001 T.T. Antony v. State of Kerala and Ors.
- 2010 Babubhai v. State of Gujarat & Ors. Etc.
- 1979 State of Bihar and Anr v. J.A.C. Saldanha and Ors.
- 2001 Kari Choudhary v. Most. Sita Devi and Ors.
- 2009 Lal Kamlendra Pratap Singh v. State of U.p.& Ors.
- 2007 Ramesh Baburao Devaskar and Ors. v. State of Maharashtra
- 2009 Pandurang Chandrakant Mhatre & Ors. v. State of Maharashtra
- 2007 Vikram and Ors. v. State of Maharashtra
Where later benches applied it
- 2018 P. Sreekumar v. State of Kerala & Ors.
- 2025 State of Rajasthan v. Surendra Singh Rathore
- 2013 Amitbhai Anilchandra Shah v. The Central Bureau of Investigation & Anr.
Of those, 1 relied on · 1 referred to · 1 mentioned
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