Fir In 420 Already Registered And Another Fir In 467 Required

828 votes

Wherever the cause of action happened, the Complaint/FIR is to be filed at the place of occurrence of the incident. The jurisdiction has to ascertained only by considering the place of occurrence of the incident and not otherwise.

Advocate Sujeet Notwal LawRato

561 votes

Instead of going for a separate FIR, you need to write another complaint to the same IO who's investigating your previous FIR of 420, which will not only save a lot of time but the Court will see the accused and his entire offences in a single case and you would escape multiplicity of cases, money, time and energy. The IO would investigate the matter and a single chargesheet would be prepared.

Advocate Puneet Srivastava LawRato

852 votes

Yes, filing another FIR in a different police station under Sections 467 (forgery of valuable security, will, etc.) and 468 (forgery for purpose of cheating) is legal, as long as the new FIR addresses a distinct cause of action and involves separate criminal offenses that were not included in the original FIR. Here's a detailed explanation: 1. Filing Multiple FIRs Multiple FIRs can be filed if they pertain to different offenses or different parts of the same incident that involve separate criminal acts. In your case, the first FIR was related to Section 420 (cheating) against the property seller. The second FIR you are considering would involve Sections 467 and 468 (forgery) against the accused, the sub-registrar, and other beneficiaries, which is a different criminal offense related to the forgery of signatures at the sub-registrar office. Since cheating (Section 420) and forgery (Sections 467 and 468) are distinct offenses, filing a second FIR under these sections is generally valid. The fact that both crimes involve the same accused doesn't negate the legality of filing another FIR if the offenses are separate and related to different actions (cheating in the first, and forgery in the second). 2. Legal Grounds for Filing a Second FIR Distinct Cause of Action: If the second FIR concerns forgery related to a different aspect of the crime (like forged signatures at the sub-registrar's office), it can be considered a new and distinct cause of action even if the same accused person is involved. Section 154 CrPC allows you to file an FIR for a distinct offense, even if it is related to the same incident or person as the earlier FIR, provided there is a separate and new offense being committed (in this case, forgery). 3. Can the Second FIR Be Quashed by the Accused Lawyer? The accused's lawyer could potentially file a petition to quash the second FIR in the High Court, but they would have to prove that the second FIR is an abuse of process or based on the same facts and allegations as the first FIR. .

Advocate Rupal Dwivedi LawRato