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AMITBHAI ANILCHANDRA SHAH vs. THE CENTRAL BUREAU OF INVESTIGATION & ANR.

SCR Citation: [2013] 6 S.C.R. 623
Year/Volume: 2013/ Volume 6
Date of Judgment: 08 April 2013
Petitioner: AMITBHAI ANILCHANDRA SHAH
Disposal Nature: Petition Allowed
Neutral Citation: 2013 INSC 224
Judgment Delivered by: Hon'ble Mr. Justice P. Sathasivam
Respondent: THE CENTRAL BUREAU OF INVESTIGATION & ANR.
Case Type: SPECIAL LEAVE PETITION (CRIMINAL) /149/2012
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973 - ss.154, 155, 156, 157, 162, 169, 170 and 173(8) - Second FIR - Registration of - Permissibility - Held: - There can be no second FIR and C consequently, there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence, giving rise to one or more cognizable offences - Sub-s. (8) of s. 173 empowers the police to make further investigation, in such cases - In the facts and circumstances of the present case, second FIR and fresh charge--sheet is unwarranted and violative of fundamental right u/Arts. 14, 20 and 21 of the Constitution - Hence, the same is quashed and charge-sheet filed in pursuance of the second FIR, directed to be regarded as a supplementary charge-sheet in the first FIR - Constitution of India, 1950 - Arts. 14, 20 and 21.

Administration of Criminal Justice - Court needs to strike balance between fundamental rights of accused and power of police to investigate a cognizable offence - Sweeping power of investigation does not warrant subjecting a citizen each time, to fresh investigation in respect of the same incident, giving rise to one or more cognizable offences - Code of Criminal Procedure, 1973 - s.154 - Constitution of India, 1950 - Fundamental Rights.

2. Case referred
3. Act
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4. Keyword
  • Second FIR
  • Administration of Criminal Justice