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Supreme Court of India 2020-02-07 allowed

Prem Chand Singh vs State of Uttar Pradesh and Another

Bench: 2 — <UNKNOWN>

In Brief

The appellant was acquitted in 1989 for forging a power of attorney and selling the respondent's land. In 2017, a new FIR was filed against him for substantially the same conduct concerning identical property and the same power of attorney. The trial court rejected his discharge application, and a revision petition was dismissed. The Supreme Court held that when two FIRs share the same subject matter and substratum, merely adding new sections does not justify a separate prosecution. The subsequent FIR was unsustainable as it concealed the material fact of the prior acquittal and violated principles against successive prosecutions. The appeal was allowed and the FIR was quashed."

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Criminal Law Criminal Procedure FIR Discharge Application Acquittal Double Jeopardy Forgery

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