BIMLA GUPTA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The short grievance in the instant petition is that two FIRs on the same cause of action cannot co-exist and the subsequent FIR has necessarily to give way to the previous one in the event of the allegations and the contents thereof being similar and same.

(2.) The petitioner along with her co-accused faced prosecution in two FIRs i.e. (i) F.I.R. No.289 dated 12.5.2008 (Annexure P-2) registered under Sections 420,477,120-B I.P.C. at Police Station Sector 39, Chandigarh at the behest of complainant Savita Rani who has been arrayed as respondent No.3 herein, and (ii) F.I.R. No.319 dated 12.6.2008 (Annexure P-1) registered under Sections 420,477,120-B I.P.C. at Police Station Civil Lines, Amritsar at the behest of the Deputy Commissioner, Amritsar.

(3.) The Court would have ordinarily extracted the contents of both the FIRs for the sake of expedience, but noticing that it runs into several pages and it would unnecessarily add to the length of the order that is proposed to be passed, it would conduce the contents thereof. The Court has examined both the FIRs appended to the petition as Annexures P-1 and P-2.