KARI CHOUDHARY versus MOST. SITA DEVI AND ORS.

KARI CHOUDHARY versus MOST. SITA DEVI AND ORS.

Where the police discover new material showing different perpetrators after earlier investigation, they may register and investigate a subsequent FIR or proceed further notwithstanding an earlier final report under Section 173(2); quashing proceedings solely because a prior final report was filed is not warranted, and Section 173(8) CrPC allows further investigation.

Parties
Appellant: Kari Choudhary; Respondent No.1: Most. Sita Devi; Respondents: Respondents Nos.3-5 and 8-9
Jurisdiction
India
Judgment Date
11 December 2001
Procedural Posture
Criminal Appeal / Appeal From Patna High Court Judgment
Outcome
Appeal allowed; impugned High Court order set aside.
Legal Topics
First Information Report (fir), Registration of Subsequent FIR, Investigation and Charge Sheet, Section 173(2) and 173(8) Cr PC, Section 202 Cr PC, Double Jeopardy
Criminal Law Criminal Procedure First Information Report (fir) Registration of Subsequent FIR Investigation and Charge Sheet Section 173(2) and 173(8) Cr PC Section 202 Cr PC Double Jeopardy

Case Brief

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Parties

Kari Choudhary

Appellant

Most. Sita Devi

Respondent No.1

Respondents Nos.3-5 and 8-9

Respondents

Procedural Posture

Criminal Appeal / Appeal From Patna High Court Judgment

Legal Issues

  1. 1 Whether police can register and investigate a subsequent FIR or file a fresh final report after having filed a report under Section 173(2) CrPC
  2. 2 Whether rival versions relating to the same incident can give rise to different FIRs and parallel investigation
  3. 3 Whether quashing criminal proceedings on the ground of alleged double jeopardy is sustainable where the police concluded a fresh investigation and filed a charge-sheet

Ratio Decidendi

Where the police discover new material showing different perpetrators after earlier investigation, they may register and investigate a subsequent FIR or proceed further notwithstanding an earlier final report under Section 173(2); quashing proceedings solely because a prior final report was filed is not warranted, and Section 173(8) CrPC allows further investigation.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

  • Appeal allowed
  • Impugned order of the Patna High Court dated 28.3.2001 set aside