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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