Elaborate example of FIR in a cross case

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Supreme Court says there cannot be two FIRs for same cause of action or criminal cognizable offence. But it also says that different FIRs can be filed by both complainant and accused if they have different versions of the same incident (criminal cognizable offence). Please, give a detailed example of FIR in such a cross case.

1. If the accused also files a FIR for his version of the same incident or alleged offence, does he have to apply for an anticipatory bail or will such cross case FIR will save him from arrest?

2. Complainant files a FIR for an offence against the accused. The accused knows that the complainant’s version is not the real version of the incident. The accused wants to file a FIR against the complainant with his version of the same incident. How shall he file FIR since police is looking for him to arrest him? Should a third person file cross case FIR on behalf of the accused in such scenario so as to prevent the accused from coming before police and get arreste

[Dr. Ashok Dhamija]

FIRs in cross cases basically imply that in both the cases, there is a complaint which discloses a cognizable case against the other party. For example, if two parties fight with each other and cause grievous injuries to each other, in that situation, there can be two FIRs as cross cases; one filed by each of the two parties.

Even if there is a cross case filed by an accused person, he may have to apply for anticipatory bail, if he wants to avoid arrest. This is because both cases may be investigated on their own merits.

FIR can be filed by a third person also. It need not be filed by the victim. But, such third person filing the FIR should have knowledge about the incident.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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