Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,154

Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B & 154---Registration of second FIR on basis of counter version---Permissibility---Respondent/proposed accused had already lodged an FIR alleging that four unknown armed men, having ambushed them near a sugarcane field, had opened straight firing resulting in killing of their own man and had taken an amount of Rs.6000 from them leaving behind the dead body with arms and ammunition---During investigation of said FIR, the petitioner/brother of alleged killed robber submitted a written application to the Investigating Officer for registration of FIR against the respondent and others alleging therein that they had murdered his brother while committing d0acoity, and on failure of the investigating officer to register FIR had filed the petition before Ex-Officio Justice of Peace, which was allowed and the SHO was directed to record statement of the petitioner under S. 154, Cr.P.C.---Police had easily overlooked the cause of opening the fire on the respondent and others and had not ventured into knowing the source of disclosure of name of the killed robber to the respondent---Petitioner had categorically alleged that his brother had been murdered in the occurrence of dacoity by the respondent and his companions---Police had not recorded a word about the version of the petitioner till the direction issued by the Ex-Officio Justice of Peace---Police, reproducing the contents of the petitioner's application in the case diary, had declared his version baseless and prepared a report under S. 173, Cr.P.C. (in the first FIR) labelling the same as untraced case---Partiality of the police was, therefore, floating on the record, as they had kept the petitioner at an arm's length and paid no heed to his contentions at any stage of the investigation---Law did not clamp any embargo on registration of a second or third FIR after registration of the first one regarding the same offence as warranted by the situation and circumstances---Petitioner's version as entailed in his written application, was altogether different from that of the respondent's and the same could not have been considered as the mere amplification of the…

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