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1 - 10 of 25 (0.37 seconds)Upkar Singh vs Ved Prakash & Ors on 10 September, 2004
(emphasis supplied)
If the law that is laid down by the Apex Court in the
afore-extracted judgments is considered, what
would unmistakably emerge is, registration of
second FIR on the same incident would be hit by
the "doctrine of sameness" and will have to be
annihilated as it would amount to improving the
facts and the case in the subsequent complaint on
the same incident. On the bedrock of the principles
laid down in the afore-extracted judgments of the
Apex Court, the case at hand will have to be
considered.
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
T.T.Antony vs State Of Kerala & Ors on 12 July, 2001
In regard to
the question of material
improvements made in a subsequent
private complaint by the same
complainant against the same
accused with regard to the same
incident, it may be useful to refer to the
following excerpt from Upkar
Singh [Upkar Singh v. Ved Prakash,
(2004) 13 SCC 292: 2005 SCC (Cri)
211], which further clarifies the holding
in T.T. Antony [T.T. Antony v. State of
Kerala, (2001) 6 SCC 181: 2001 SCC
(Cri) 1048]: (Upkar Singh case [Upkar
Singh v. Ved Prakash, (2004) 13 SCC
292: 2005 SCC (Cri) 211], SCC pp. 297-