Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A(6) & 561-A--Registeration of second FIR--Challenge to--Issuance or instructions for 'registration of a criminal case' and that of registration of second FIR were not synonyms to each other--Cr.P.C. did not recognize lodgment of second FIR in existence of first FIR--Application of petitioner was not competent being beyond four lines of Section 22-A(6), C.P.C which only permits issuance of appropriate directions because in existence and continuity of an FIR direction for lodgment of second FIR would not be appropriate. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Second FIR--Investigation--Law once set into motion allows and permits I.O. not to follow dotted line but to take all measures to bring truth on surface--Investigation was exclusive domain of investigation agency which was normally not interfered even under constitutional jurisdiction--Law even does not confine authority of I.O. to necessarily send nominated accused to face trial but he (investigating officer) can competently declare nominated accused as 'innocent' and to place a given witness as an accused even while submitting challan (charge sheet) if investigation so concludes. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 22-A(6), 154, 161 & 561-A--Ex-office Justice of Peace--Registration of second FIR--Validity--Innocent woman was killed by blood relative on pretext of Karap--FIR was lodged on behalf of state--Named in FIR as witnesses--Investigating officer--Second FIR--Wherein word 'any person' is used in place of 'persons named in FIR as witnesses' which is indicative that how legislature has widened authority and competence of I.O. while searching truth--If such practice cannot be allowed to prevail because it is allowed it shall open a door of new trend for such applications which no doubt shall cause serious prejudice to case of prosecution--In extraordinary cases second FIR may be lodged ordered which would require existence of extra-ordinary circumstances justifying such exceptional step--However, even in such eventuality, it would require cancellation of first FIR first because two F.I.Rs for one and same…

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