Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 561-A---Power of High Court to order registration of second FIR for the same incident---Scope---Different and conflicting stories about the occurrence---Allegations of mala fides of complainant and of distorted and collusive investigation---In such circumstances direction given by High Court for registration of another (second) FIR was justified and in accordance with law as no specific bar or prohibition was provided in law in such regard. Complainant party-Levies Force lodged an FIR for the incident during which deceased was killed. Deceased's mother alleged that complainant-party was responsible for death of her son, and thus was unsatisfied with the contents of the FIR. Consequently she moved an application under section 22-A, Cr.P.C before the Justice of Peace for registration of second FIR for the same occurrence. Said application was dismissed. Deceased's mother filed a petition before the High Court under section 561-A, Cr.P.C, which was allowed and High Court gave directions for registration of second FIR for the same occurrence. Perusal of contents of the earlier FIR lodged at the instance of complainant party-Levies Force, and the contents of second FIR lodged by deceased's mother, in terms of the order of the High Court, revealed two entirely different and conflicting stories about the actual occurrence. It was, thus, obvious that in case prosecution lead its evidence on the basis of contents of earlier FIR and the investigation was made on that basis, then from no stretch of imagination the grievance of deceased's mother, attributing criminal liability of whole occurrence to the complainant-party could be considered or adjudicated upon by the Court. In such circumstances, considering the allegations of deceased's mother about mala fide of the complainant-party in the earlier FIR so as to exonerate itself from the liability of qatl-i-amd of her son, followed by distorted and collusive investigation, the impugned of the High Court directing registration of another (second) FIR seemed fully justified and in accordance with law, wherein no specific bar or prohibition was provided in such…

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