This story is from August 5, 2006

One case, two FIRs

The high court held that two separate cases must be registered in case different situations emerge out of one incident.
One case, two FIRs
NEW DELHI: Asking Delhi Police to register a separate case against its officers to probe foul play in a suicide case, the high court held on Friday that two separate cases must be registered in case different situations emerge out of one incident.
Since the investigation had to be specifically against their officers, another investigation would have to be conducted in the original FIR of suicide which was registered after a man jumped off the second floor of Mehrauli police station.
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A man had, in November last year, died inside the Mehrauli police station. Although the police had wrapped up the case holding it to be suicide, the high court had this year directed DCP (crime) to register a case.
Based on the additional magistrate's report, the court asked the DCP to probe the alleged involvement of officers posted at the Mehrauli police station.
The Delhi Police, however, did not seem inclined to follow the directions. Instead, they moved an application seeking amendment of the earlier high court order.
They claimed in their application that since a suicide case had been registered subsequent to the death of the man, there was no need for a second FIR.
The investigating agency further requested the court to direct the crime branch to probe the matter instead of making the DCP an investigating officer.

Justice S N Aggarwal, however, rejected the application, stating that the second FIR, pursuant to the high court directions, has to be registered to fix responsibility of the erring police officers.
"A perusal of the high court's order revealed that the ADM's inquiry regarding the death of Mohammad Ziauddin inside Mehrauli police station was under suspicious circumstances...for that reason the ADM was of the opinion that investigation into the matter be conducted through an independent agency," justice Aggarwal observed.
According to the judge, a separate FIR was necessary since it would be under the relevant sections of law.
"I do not agree with the standing counsel that the second FIR regarding the same incident cannot be registered because FIR of incident is one thing and the FIR against the guilty police, if there is dereliction of duty, constitutes a separate offence," held justice Aggarwal.
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