Northeast Delhi riots: HC quashes 4 FIRs, says 5 FIRs cannot be lodged for same incident

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Updated: September 02, 2021 1:20 PM

The Delhi High Court ruled that there cannot be five FIRs registered for the very same incident as it is contrary to the laws laid down by the Supreme Court. 

The Delhi High Court ruled that there cannot be five FIRs registered for the very same incident as it is contrary to the laws laid down by the Supreme Court. 

The Delhi High Court on Thursday quashed four FIRs registered by Delhi Police in connection with a fire incident that took place during the Northeast Delhi riots at Maujpur last year, saying there cannot be five FIRs registered for the very same incident as it is contrary to the laws laid down by the Supreme Court.

While maintaining one FIR, it quashed the other four lodged in March last year at the Jaffrabad Police Station. The police had booked the same accused in five different cases in March 2020.

Justice Subramonium Prasad said, “It cannot be said that the incidents were separate or the offences are different. As stated earlier, a perusal of the charge sheets filed in the respective FIRs show that they are more or less identical and the accused are also same. However, if there is any material that has been found against the accused the same can be placed on record in the FIR.”

Justice Prasada said the FIRs pertain to one house where the fire was started mischievously and spread to immediate neighbouring premises as well as floors of the same house. The court also said that the FIRs state that monetary loss was caused to each of the complainants residing in parts of the buildings in the same compound and the immediate neighbourhood as their belongings and other valuables had been burnt down.

“The chargesheet containing the site plan shows that all the properties are part of the same premises or they are in very close proximity with one another,” it said, adding that the properties may be different or distinct from one another but are located in one compound.

“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,” said the bench.

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