Second fir by another agency without permission of court i
01-Nov-2023 (In Criminal Law)
I am a doctor under tamilnadu governmentin Chennai,my brother in law is an ias officer in delhi,cbi filed fir under section120B r/w13(1)e&13(2)of PC act.in october 2014.seized 6 property documents and 35 lakhs cash from my residence during search by cbi.property value 9 lakhs in my name 52 lakhs in my uncles name. Cbi include my uncles name in fir who is a non public servant in October 2016 and arrested all three .in 2019 June cbi filed charge sheet leaving my name and my uncles name and stated in the charge sheet the disproportionate asserts found in my house referred to state vigilance.cbi filed charge sheet with my brother in law and his wife alone .tamilnadu vigilance filed fir on me and my father in law with that documents and. Money seized by cbi.the content of the fir is the same of cbi fir with sec109 r/w13(1)e&13(2)of PC act .im also having a popular own clinic from 2009.the check period in both firs same .may I go for quash .may I go to nhrc for arrest.
Yes, you can for quashing the 2nd FIR.
There can be no 2nd FIR for fresh investigation or on receipt of every subsequent information in respect of cognizable offence or the same occurrence giving rise to one or more cognizable offences. Only the 1st complaint can be registered as an FIR.
There can be no 2nd FIR for fresh investigation or on receipt of every subsequent information in respect of cognizable offence or the same occurrence giving rise to one or more cognizable offences. Only the 1st complaint can be registered as an FIR.
The aggrieved person can approach a High Court and request the court to quash the FIR as it has been lodged with the only purpose to defame or trouble.
The High Court can use its inherent powers to quash an FIR of any offence in which it is satisfied that it was required to do so.
The High Court can use its inherent powers to quash an FIR of any offence in which it is satisfied that it was required to do so.
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