F.I.R. made by the father of victim girl that she might have been kidnapped/abducted. After registration of FIR, complaint made by the victim girl about her sexual exploitation with detail incident.
Can such complaint be clubbed with existing FIR?
If the FIR lodged by her father is the skeleton, victim's complaint is the flesh and blood to it.
If the investigating agency had taken a decision to club the subsequent complaint with earlier FIR it cannot be said that the investigating agency violated any provision of law. In fact, such clubbing was legally justified.
If the investigating agency had taken a decision to club the subsequent complaint with earlier FIR it cannot be said that the investigating agency violated any provision of law. In fact, such clubbing was legally justified.
It is well settled that a first information report need not necessarily be lodged by the victim of a sexual offence. Any person having information of the offence can report. It is equally well settled that an FIR need not be an encyclopedia of all the facts and allegations describing an offence. The object of lodging a first information report is to report an offence, cognizable in nature, so that the matter is investigated and a police report is submitted in court to enable it to take cognizance and proceed against the accused.
Where different set of allegations are made against different set of accused, by a different informant, may be in respect of the same incident, a second FIR would be maintainable. But where the second FIR is only an elaboration of the first with same set of accused and the victim, and the second FIR arises as a consequence of the offence alleged in the first, or where the offence narrated in the second FIR is committed in the course of the same transaction, the second FIR can legally be clubbed with the first.
Allahabad High Court
In re Missing An LLM Student
Vs
State Of U.P.
Decided on 30/04/2020