Can a Second FIR be filed for the same offence? क्या एक ही अपराध के लिए दूसरी प्राथमिकी दर्ज की जा सकती है? ایک جرم کی دوسری ایف آئی آر؟

We know that FIR (First Information Report is a written document prepared by the police on receipt of information about the commission of a cognizable offence.

    Further, when the police official gets the information about an offense or crime, and after receiving the information recorded for the first time as a report, then this report is termed as First Information Report. 

Now, the question is, whether the police can lodge a second FIR for the same offense after receiving more or fresh information of the same offense or if the police official got some more angles in the said offence.

 



What is the second FIR?

    Simply we can define that the Second FIR, is the FIR registered after the First FIR.

Legally, we can say that the Second FIR is a consecutive FIR filed after the information of the commission of cognizable offense received by the police officer under Section 154 CrPC.

The Supreme Court in the matter of Om Prakash Singh held that where the appellant comes to know of certain facts after the disposal of the first complaint, there will be no bar for him to file the second complaint.

 

When Second FIR is permitted?

Second FIR can be permitted under the following circumstances:

When the investigating officer finds larger conspiracy which was not surfaced during the investigation of first FIR

When some new facts about the cognizable offense mentioned in the first FIR received by the police

When the First FIR discloses the commission of another cognizable offence

When it may be a rival account of the same incident.

When the offense does not fall within the ambit of first FIR.

Second or subsequent FIR is permissible where version of second FIR is different. 

    In 2013, the Hon'ble Supreme Court in the case of Uday Shankar Awasthi laid down certain criteria which had to be examined to decide whether a second FIR is permissible after the disposal of the first.

It states that on the same facts also a second FIR shall be allowed provided:

1. Decision has been taken on the basis of insufficient material on the earlier complaint

2. Order has been passed without understanding the nature of the complaint

3. Entire facts could not be placed before the Court

4. Where the complainant came to know of certain facts after the disposal of the first complaint which could have tilted the balance amount in his favor.

    The Supreme Court in the matter of Om Prakash Singh held that where the appellant comes to know of certain facts after the disposal of the first complaint, there will be no bar for him to file the second complaint.

 

When Second FIR is not permitted?

If, more informations than one are given to a police officer in charge of a police station in respect of the same incident involving one or more than one cognizable offence, then in such a case the police official need not record every one of them in the station house diary , and no such information/statement can be treated as an FIR and entered in the station house diary again, as it would be considered as Second FIR. 

We can take a case where an FIR mentions cognizable offense and the investigating agency during the investigation receives fresh information that the victim is died, then no fresh FIR under Section 302 I.P.C. can be registered. 

If the investigating officer did irregularity in the previous investigation and left out vital evidence then he cannot lodge second FIR merely on discovery of new facts. 

If the first FIR has been disposed of on the merits of the complainant's case, then the second FIR will not be maintainable in such a case. 

    Lucknow High Court bench of Justice Ajay Lamba and Justice Vijayalakshmi held that the police or any other investigating agency does not have the power to conduct fresh investigation or re-examination in a case in which the court has taken cognizance of the file report filed by them. The Court has set aside an order passed by the Superintendent of Police, Bahraich and the Court has termed the order of the SP as arbitrary and discretionary. 

    Further the Court held that, under Section 173 (8) of the Code of Criminal Procedure, the investigating agency can conduct 'advance inquiry' after filing the report but it does not have the right to 'renewal inquiry'. 

    Further for clarifying the difference between advance inquiry, fresh inquiry or fresh inquiry or retrial, the court said that the provision for advance inquiry under Section 173 (8) of Code of Criminal Procedure is, when the Inquiry Report is filed but the Inquiry Officer finds some further evidence. Advance investigation is an extension of an earlier investigation. Where the investigation appears to have been conducted improperly, tainted, malafide and dishonest, the Court may not only quash such investigation but may also order an inquiry to be conducted by another agency.


What if there is Second FIR lodged in a case?

No second FIR in the same offence, same incident or same occurrence. The code of criminal procedure does not allow to register more than one FIR in respect of the same offence. If the accused has committed more than one offences in the same transaction still there should be one FIR.

    In Babubhai Versus State of Gujarat and others (2010) 12 SCC 254 the supreme court has held that in case of subsequent FIR the court has to examine the facts and circumstances of both FIRs. If court finds that second FIR relates to same offence, same occurrence, or part of same transaction then second FIR should be quashed. 

    Similarly, the Supreme Court of India, in the matter of T. T.Antony Versus State of Kerala held that Second FIR in respect of same offense is not permissible.

If there is more than one FIR in the same offense then aggrieved person should approach the High Court under section 482 of Criminal Procedure Code for quashing of subsequent FIR on the following ground:

👉That the Second FIR relates to the same incident.

👉That the foundation of both FIRs is the same.

👉That there is no entirely distinct occurrences.

👉That the Second FIR does not satisfy the test of sameness.

👉That lodging of two FIR (First Information Reports) are not permissible in CrPc.

👉That the investigating officer has option to conduct further investigation if he finds new facts and he can produce supplementary charge sheet in section 173 CrPc .

👉That lodging of Second FIR in the same offense is abuse of process of law.

 

Conclusion:

As per section according to section 154, CrPC, an FIR is only the first information to the local police about commission of a cognizable offense and nothing more.

    If the information received by the police official about commission of a cognizable offense also contains a version as to how the relevant offense was committed, by whom it was committed and in which background it was committed then that version of the incident is only the version of the informant and nothing more and such version is not to be unreservedly accepted by the investigating officer as the truth or the whole truth.

    During the investigation conducted after registration of an FIR the investigating officer may record any number of versions of the same incident brought to his notice by different persons which versions are to be recorded by him under section 161, CrPC in the same case.

    But, no separate FIR is to be recorded for any new version of the same incident brought to the notice of the investigating officer during the investigation of the case.

In the year 2020, the Delhi High Court in the Delhi riots case held that the police cannot register five FIRs for the same incident and further the court quashed four FIRs out of five for the alleged offenses of looting and setting fire to the premises. The court said that there cannot be a second FIR and fresh investigation for the same cognizable offence.

 

Your Questions Reply: 

Can Second FIR quash? 

Yes, if a false FIR has been lodged against a person or a Second FIR lodged for the same offense and same cause of action, then that person can approach the High Court by filing an application for the quashing of the false FIR under section 482 of CrPC.

 

Can two or more FIR lodge for the same offence? 

No, there cannot be two or more or second FIR for fresh investigation or on receipt of every subsequent information in respect of cognizable offence or of the same occurrence giving rise to one or more cognizable offences. Only the first complaint can be regarded as an FIR.

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