Supreme Court of India
Amitbhai Anilchandra Shah v. The Central Bureau of Investigation & Anr.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above discussion and conclusion, the A second FIR dated 29.04.2011 being RC No. 3(8)/2011/ Mumbai filed by the CBI is contrary to the directions issued in judgment and order dated 08.04.2011 by this Court in Writ Petition (Criminal) No. 115 of 2009 and accordingly the same is quashed.
Judgment, page 53
From the headnote
Code of Criminal Procedure, 1973 - ss.154, 155, 156, 157, 162, 169, 170 and 173(8) - Second FIR - Registration of - Permissibility - Held: - There can be no second FIR and consequently, there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence, giving rise to one or more cognizable offences - Sub-s. (8) of s. 173 empowers the police to make further investigation, in such cases - In the facts and circumstances of the present case, second FIR and fresh charge--sheet is unwarranted and violative of fundamental
Authorities it was built on
- 2010 C. Muniappan & Ors. v. State of Tamil Nadu
- 2001 T.T. Antony v. State of Kerala and Ors.
- 2010 Rubabbuddin Sheikh v. State of Gujarat & Ors.
- 1963 State of Andhra Pradesh v. Cheemalapati Ganeswara Rao & Anr.
- 2010 Babubhai v. State of Gujarat & Ors. Etc.
- 2008 Nirmal Singh Kahlon v. State of Punjab and Ors.
- 2010 Chirra Shivraj v. State of Andhra Pradesh
- 2001 Kari Choudhary v. Most. Sita Devi and Ors.
- 1961 The State of Andhra Pradesh v. Kandimalla Subbaiah and Another
- 2013 Surender Kaushik and Others v. State of Uttar Pradesh and Others
Where later benches applied it
- 2021 Krishna Lal Chawla & Ors. v. State of U.P. & Anr.
- 2015 Rajiv Singh v. State of Bihar & Another
- 2019 Pradeep Ram v. The State of Jharkhand & Anr.
- 2017 State of Jharkhand through Sp, Cbi v. Lalu Prasad @ Lalu Prasad Y Aday
- 2015 Sanjiv Rajendra Bhatt v. Union of India & Ors.
Of those, 2 relied on · 2 referred to · 1 mentioned
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