[Delhi Riots] “Five separate FIRs cannot be registered for the very same incident”, says Delhi High Court quashing four FIRs of a Riot Accused

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The Delhi High Court has quashed four out of five FIRs registered against a Delhi Riots accused observing that “five separate FIRs cannot be registered for the very same incident as it is contrary to the laws laid down by the Supreme Court.”

The order was passed by the single judge bench of Justice Subramonium Prasad on an application filed by one Atir seeking quashing of five FIRs registered with respect to an incident of fire that was stoked in single dwelling i.e. T-209-B Maujpur Area, near Victor Public School. 

Spl PP Anuj Handa for prosecution submitted that all the five FIRs had been filed in respect of distinct properties and the subject matter of each of the FIRs is different from the others.

The Court however observed that “All the above FIR’s are identical in their content and more or less a facsimile of one another and pertain to the same occurrence. They all pertain to one house where fire was started mischievously and spread to immediate neighboring premises as well as floors of the same house. All the FIR’s state that the incident took place a single date i.e. 24.2.2020. All the FIR’s state that monetary loss was caused to each of the complainants residing in parts of the buildings in the same compound and in the immediate neighborhood as their belongings and other valuables had been burnt down.”

Reiterating Supreme Court’s stand on the law, the Court said “There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences.”

Having observed the same, the Court quashed the four out of five FIRs registered and proceedings against  Atir  and disposed of the case.


Case Title: Atir vs State of NCT Delhi