ANUNG WELLY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned counsel for the writ petitioner. I have also heard Mr. N. Lowang, learned Additional Senior Government Advocate, appearing for respondent Nos. 1, 2 and 3 and Mr. D. Lazi, learned counsel, appearing for respondent Nos. 4, 5 and 6. When a First Information Report (in short, 'FIR'), lodged by respondent Nos. 4, 5 and 6, who claim to be social activists, alleging that the appointment of the present petitioner had been obtained on the basis of forged documents, was declined to be registered by the officer-in-Charge, Itanagar Police Station, the respondent Nos. 4, 5 and 6 came to this Court, by way of a writ petition, made under Article 226 of the Constitution of India, for necessary directions to be issued to the respondents, particularly, the Officer-in-Charge, Itanagar Police Station, to register the said FIR, and, on a direction issued by this Court, the FIR, so lodged, was registered against the present writ petitioner and the matter is under investigation.

(2.) While the investigation of the case, so lodged by the respondent Nos. 4, 5 and 6 was still in progress, the present petitioner had filed an FIR making allegations of forgery, etc., including offence of making evidence disappear, against respondent Nos. 4, 5 and 6. As the FIR, which the present petitioner had lodged, was refused to be registered by the Officer-in-Charge, Itanagar Police Station, on the ground that since the earlier FIR already stood registered as Itanagar Police Station Case No. 72/2011, under Section 468 /471 IPC, against, amongst others, the present petitioners, the question of registering another FIR, at the behest of the petitioner, who was an accused in the earlier FIR, would be illegal and is impermissible in law.

(3.) The question, which, now, arises for determination is: Whether it is permissible, in law, to have two different FIRs registered arising out of the same incident or occurrence?