Law: Criminal Procedure Code (V of 1898)

Section: 22-A, 22-B, 154, 161, 173

Criminal Procedure Code (V of 1898) Ss. 22-A, 22-B, 154, 161 & 173---One-occurrence-one-FIR, principle of---Powers of Ex-Officio Justice of Peace---Application for the registration of second FIR declined by Ex-Officio Justice of Peace---Legality---Complainant-applicant alleged that accused persons committed murder of his brother but local police was not inclined to lodge the FIR against nominated accused due to political pressure---Applicant approached the Ex-Officio Justice of Peace seeking appropriate directions---During pendency of proceedings, FIR was registered by SHO under S.302, P.P.C against unknown persons---Applicant sought directions for registration of FIR against the nominated accused persons---However, the Ex-Officio Justice of Peace dismissed the application, holding that once FIR had already been registered regarding the incident, a second FIR could not be lodged and that the applicant s version could be incorporated during investigation---Validity---Perusal of the record revealed that the Ex-Officio Justice of Peace duly observed that FIR had already been lodged by SHO/Inspector on behalf of the State under S.302, P.P.C., against unknown persons, in respect of the incident in question---On the settled principle of one-occurrence-one-FIR, no direction could be issued for a second FIR---However, it was observed that the applicant was not remediless, his version could be placed before the Investigating Officer to be incorporated under S.161 Cr.P.C., and duly reflected in the police report under S.173 Cr.P.C.---All versions, whether advanced by the accused, the complainant, or any other person, must be duly incorporated by the Investigating Officer during the course of investigation---Investigating Officer was under a statutory obligation to record all statements under S.161, Cr.P.C., and to collect all relevant material with a view to discovering the truth---Rule 25.2(3) of the Police Rules, 1934, likewise emphasized that the purpose of investigation was not to support a preconceived version of events, but to ascertain the actual facts of the case with complete impartiality---Criminal law does not permit multiplicity of FIRs in respect of the…