GURMIT KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure to issue a direction to the respondents to register an FIR Sections 307, 450, 452 read with Section 148 and 149 I.P.C.

(2.) Admittedly an incident took place on 24.1.1999 in which two parties clashed with each other and received injuries. In respect of the said incident, FIR No. 18 dated 24. for the offences under Sections 326, 324, 323, 148 and 149 I.P.C. was registered in the Police Station Mallanwala on the statement of one Harbans Singh son of Nazar Singh and the investigation was taken up. According to the petitioner, in regard to the same incident, the statement of husband of the petitioner was recorded in the Police Station vide D.D.R. 16, but no FIR was registered on the basis of said statement. When one FIR was registered in respect of the same incident, there is no used to register another FIR. It is for the police to find out the correctness of the version of both sides and depending on the result of their investigation, they may file the charge-sheet against those who are found guilty according to their investigation. The other party who is aggrieved can always file a private complaint under Section 190 I.P.C.

(3.) The learned Counsel for the petitioner contended that it is not for the police to decide which version out of the two is correct and they have to necessarily register a case on the basis of the information furnished by the opposite party and investigate into the same. But the fact, remains under Section 154 of Code of Criminal Procedure, there can only be one first information of same occurrence or transaction in point of time which reaches the Police which is competent to investigate or order an investigtion. Obviously, there cannot be more than one first information in one case, however many may be the victims of the alleged offence. In the case of more than one FIR, the first in order which persuades the police to start the investigation is the only FIR. The learned Counsel for the petitioner relied upon a decision of this court in Law Reporter 587 (Pb. & Hry.)] wherein it has been held as follows :-