• Lodging complaints simultaneously by the same person about the same incident under Sec.154 and Sec.

Is a person entitled to lodging complaint in a PS and in the court simultaneously on the same incident with different matter or complaint e.g. lodge complaint with Police about trespassing, rioting etc. And lodge complaint with Judicial Magistrate of molestation, SC/ST, attempt to Dacoity etc.
 Is there any HC judgement on this which can be quoted as reference.
Asked 6 years ago in Criminal Law
Religion: Hindu

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34 Answers

No prohibition in law to file a second FIR in relation to the same incident, if it was not filed by the same person, who had filed the first FIR based on the allegations different from the allegations made in the first FIR.

Second Complaint Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint

All allegations will include in one FIR if filed by same person.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

these are 2 separate complaints in respect of separate  offences committed by accused 

 

you should lodge one complaint mentioning all offences committed by accused 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if person lodges tok complaint on same incident and FIR is registered and criminal case is there on both the one can be quashed from the high court sighting two FIR for same incident.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can approach high court for quashing stating the facts 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

whose premises?

Yes, may attract sec 354.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See the women can file the complaint sighting the false ground of incident. You can file for quashing of complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Bombay HC has held that Even if you keep your hand on the shoulder of a woman, it is for the lady to comment on the nature of the touch, whether it was friendly, brotherly or fatherly," 

 

2) Section 354 which states: "Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both

 

3) SC has held the essence of a woman's modesty is her sex." 

 

4) the act of pulling a woman, removing her saree, coupled with a request for sexual intercourse...would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence," the Bench said in a judgement that has drawn from several verdicts by different courts. 

 

5) in present case there is pushing and pulling followed by scuffle . case under section 354 IPC can be filed against accused

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Gravity of Scuffle and motive behind forceful entrance is important, every such act dose not be molestation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

As to the 1st question you can't lodge an fir and a complaint with the magistrate if the incident is the same. It will result in the dismissal of 1 of the 2.

The objective of both is the lodging of the fir and investigation of the case. Law prohibits this.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

S. 354 ingredients must be satisfied in order fir it to be slapped upon the person. Forcefully entering a place and a scuffle is different and outraging the modesty of a woman is different.

They may lodge false fir but they have to prove it.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A very dangerous situation wherein it is their word against you.

The court will listen to them as they are 6 -7 in no.you should have some proof that you didn't do anything. Of course defending the property is one ground which will be considered by the court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ladies can file case against the man under section 354 of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Who was in possession of flat ? FIR filed to fail buyer to take possession and cheat him. FIR liable to be quashed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can contest the complaint in trial court or move to hc for quashing of the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

may be harsh but, yes, may attract 354,

more revealing of facts may provide a more prompt reply,

how were they (6-7 ladies) associate with the flat?

what was their interest?

why were they stopping you in entering the flat?

if you want to take possession in the property for which you had paid 90%, do you have all the necessary docs?

do you inform police if any scuffle was expected?

 

state complete facts in one go to get a prompt reply

 


if you have facts in your favour, approach HIGH COURT without thinking

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See if only complaint is given in police station no FIR is registered on same then the complaint as such shall have no effect. If magistrate for his complainant has initiated the case and registered criminal case number then a quashing for same can be filed on ground that 7-8 women misbehaved and then they used law to further harass you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes, there is no bar in law to initiate two separate proceeding in court and in police station simultaneously.

2. Yes touching a woman inappropriately even if in the scuffle attracts section 354 IPC.

3. This is a civil dispute as well for which you can file civil suit for declaration and recovery of possession. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Querist

once a person file a complaint for the cognizable offence before the police and police is not taken any action against the accused, means Police not going to file an FIR, than the complainant may file a private complaint against the accused before the magistrate under section 190/200 of Cr.P.C.

 

in case, the police registered the FIR than the private complaint can be stayed by the Court under section 210 of Cr.P.C.

 

Section 354 will not be attract if the allegation is mention in the complaint as you mention in your information.

for the offence section 354 of IPC,  the most important point is (assault with intend to molest the dignity of women) which can not be done in Scuffle.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

He has lodged a complaint to the police about a different incident and he has approached judicial magistrate court on a different note, hence there is no legal infirmity in it.

He may approach court as well as police station simultaneously for different offences against the accused.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If the ladies have made a complaint under the said section of law, the accused can challenge the same on merits and evidences in his side.

Everyone has rights to defend themselves.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

This is a civil case for which the criminal case has been slapped, however since you have merits in your side, you can fight back on merits and documentary evidences.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Sir,

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt


Whether Two FIR's Permissible in Law for the Same Incident / Occurence : Supreme Court

 

An interesting question came up before the Supreme Court in Anju Chaudhary Vs. State of U.P. whether there can be more than one FIR in relation to the same incident or different incidents arising from the same occurrence? While answering the aforesaid question, the Bench held as under;

 

2. A cardinal question of public importance and one that is likely to arise more often than not in relation to the lodging of the First Information Report (FIR) with the aid of Section 156(3) of the Code of Criminal Procedure (for short, ‘the Code’) or otherwise independently within the ambit of Section 154 of the Code is as to whether there can be more than one FIR in relation to the same incident or different incidents arising from the same occurrence. 

 

... 

 

9. In the present appeal by way of special leave, the appellant Smt. Anju Chaudhary challenges the legality and correctness of the order of the High Court primarily on the following grounds : 

 

(a) The order passed by learned CJM dated 29th July, 2008 did not suffer from any error of jurisdiction and, thus, the High Court could not have upset the said order in exercise of its revisional jurisdiction. 

 

(b) While making certain observations, the High Court, in the impugned order held that prima facie cognizable offences were made out and while virtually directing the learned Magistrate to get an FIR registered, has foreclosed the exercise of judicial discretion by the learned Magistrate. As such, the order of the High Court is not sustainable. 

 

(c) In law, there cannot be two FIRs registered in relation to the same occurrence or different events or incidents two or more but forming part of the same transaction. The direction to register a second FIR, therefore, is contrary to law and the very spirit of Section 154 of the Code. 

 

(d) The order of the High Court is in violation of the principles of natural justice inasmuch as the High Court neither gave any notice nor heard the appellant before passing the impugned order dated 26th September, 2008. 

 

10. Contra to the above submissions made by the appellant, the counsel appearing for the State as well as respondent No.2 have supported the order of the High Court in law as well as with reference to the facts of the case in hand. It is contended on their behalf that there were no two separate FIRs in relation to the same offence or occurrence, but these FIRS related to two different incidents which is permissible in law. The appellant was not entitled to any hearing in law at the stage of filing the FIR, and in any case no direction has been made to register a case particularly against the appellant for any given offence. Thus, the order of the High Court does not call for any interference. 

 

11. Having noticed the contentions of the parties and in order to complete the factual matrix of the case, we may also notice at this stage that in furtherance to the order of the High Court dated 26th September, 2008, the learned CJM, vide order dated 17th October, 2008 accepted the application of respondent No.2 and directed the Police Station Cantt., Gorakhpur to register the case under appropriate sections and to ensure the investigation in terms of the order passed by the High Court. A copy of the order was placed before this Court during the course of hearing. 

 

12. Since all these contentions are inter-related and inter-dependant, it will be appropriate for the Court to examine them collectively. Of course, the foremost contention raised before us is as to whether it is permissible to register two different FIRs in law. We may deal with the legal aspect of this issue first and then turn to the facts. 

 

13. Section 154 of the Code requires that every information relating to the commission of a cognizable offence, whether given orally or otherwise to the officer in-charge of a police station, has to be reduced into writing by or under the direction of such officer and shall be signed by the person giving such information. The substance thereof shall be entered in a book to be kept by such officer in such form as may be prescribed by the State Government in this behalf. 


Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since the builder has filed a private complaint in this regard, you may wait and watch for the notice to be issued by the court in this regard.

After receiving notice you may appear before court, if necessary may obtain bail and then challenge the case properly on merits and documentary evidences in yor side.

\You may even see the possibilities to get it quashed by filing a petition before high court.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Wait for police investigations to be completed and charge sheet or closure report  filed 

 

2) no case of attempt to dacoity is made out 

 

3) you can file for quashing of FIR in HC as you are being falsely implicated on account of dispute with builder 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes, there is no technical bar to start the case.

Since the case is false do not get worried about the outcome of the case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

File a quashing petition before the high.court if magistrate has taken cognizance on the complaint to quash the complaint as it is false and to.pressurise you for peding civil case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No all these section are not maintanable. You can go for quashing process is issued

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is a clear case of conspiracy. Women's were there without authority and were trespassers with the intent to  enmesh you in plotted crime seen.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to first establish the same kn your cross examination. Judgement will be helpful but the development of your case in form of evident is more important.  You will get relief in hc while quashing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should wait for police investigations to be completed and charge sheet filed 

 

2) then file for discharge in trial court or quashing in HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If the police has registered FIR under the said section of IPC, you first obtain AB and then challenge the same in the trial court.

The video clipping of the incident will not be admissible in law at the time of trial before the court.

During cross examination the witness will blabber or may give contradictory statements which will be beneficial to you and can get the case dismissed accordingly on merits.

You dont need citations to overcome the situation  at this stage itself

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Workers had no such right to obstruct. Do you have hand over receipt, if have than you should have filed criminal complain of wrongful restrain, criminal trespass.

This is all shit and very chances to get it quashed by HC. Manipulated video not admissible in evidence. File defamation complain.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

  1. No, it can’t be the tool for the builder to registered FIR then on the same course of action files a private complaint before the Magistrate. This is the violation of the fundamental rights.
  2. In fact, this has made your pint of argument more strong as he has been trying to misuse he law.
  3. And you should file a petition for FIR quashing on the merits as you must be having the proof of payment etc. and a question should also have been pointed to the ladies as why they were doing there.
  4. You should request for the stay of the criminal proceedings against you till the final outcome of the FIR quashing petition.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

if the summons had been issued in the private complaint, I suggest you approach the High Court for quashing of the complaint,

facts are in your favor,

no need for any specific judgment,

facts itself are enough,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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