SC: No Prohibition in Law to File Second FIR

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March 20, 2018

Case name: P. Sreekumar v. State of Kerala & Ors.

Date of Judgement: March 19, 2018

In the case, the seminal issue that arose for consideration was that if two FIRs are filed in relation to the same offence and against the same accused, whether the subsequent FIR was liable to be quashed or not?

The High Court in the case quashed the second FIR/charge-sheet under Section 482 of the Code.

Also read High Court’s Inherent Power to Quash FIR

When the matter in appeal came up before the Supreme Court, the Two-Judge Bench of the Court opined that the High Court had committed jurisdictional error in quashing the subsequent FIR/charge-sheet. The Court stated that in the instant case the second FIR filed by the appellant against respondent No.3 though related to the same incident for which the first FIR was filed by respondent No.2 against the appellant, respondent No.3 and three Bank officials, yet the second FIR being in the nature of a counter-complaint against respondent No.3 was legally maintainable and could be entertained for being tried on its merits.

The Court while arriving at its decision placed reliance on judicial opinions in the case of Upkar Singh vs. Ved Prakash & Ors.[1] The Court also stated that there was is no prohibition in law to file the second FIR and once it is filed, such FIR is capable of being taken note of and tried on merits in accordance with law.

The Court held that the FIR in the instant case was not liable to be quashed as- firstly, the second FIR was not filed by the same person, who had filed the first FIR. Had it been so, then the situation would have been somewhat different. Secondly, it was filed by the appellant as a counter-complaint against respondent No.3. Thirdly, the first FIR was against five persons based on one set of allegations whereas the second FIR was based on the allegations different from the allegations made in the first FIR.

In February this year, the Delhi High Court had taken a contrary view in the aforementioned issue to hold that Second FIR on Same Allegations Liable to be Quashed. However, in that case the same informant had registered two FIRs for same allegations against the same person in two different Courts.

Delhi HC: Second FIR on Same Allegations Liable to be quashed

Read the entire case here.

 

[1] (2004) 13 SCC 292