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.