No second FIR in same criminal case

Question asked on: 01/12/2016

I have committed an offence, and an FIR was registered. After that, a second FIR is registered against me on the same ground but in different crimes. The charge sheet is filed in respect of both FIR. Presently I am on bail. Both FIR is registered in two different districts, and this is causing considerable trouble for me. My advocate says that I need to file a transfer application before the high court for the trial of both cases in one district. Now please advise that my advocate is right or wrong.

Advised by: Shivendra Pratap Singh,

You should not file a transfer application before the high court. It is settled law that no double FIR can be lodged in the same ground. If charge sheet is submitted by the investigating officer in respect of first FIR, then he cannot register another FIR. In no case, double FIR is permissible under the code of criminal procedure. It does not matter that second FIR in a different district.

If the second FIR filed in respect of same accused by same act or transaction such FIR is irregular in the eyes of the law, such FIR is liable to be quashed. It is untenable.

You should file a revision application before the court of session for the quashing of the second FIR. When such FIR is quashed by the session court, immediately submit an application under section 239 crpc (for the discharge in the second FIR) before the court which has taken cognisance on the second FIR.

In T. T.Antony v. State of Kerala 2001 SCC;  the supreme court has decided that there can be no second FIR and, consequently, there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence.

In the case of Amit Bhai shah vs CBI 2013 SCC; again the supreme court reiterated the same that there could be no second FIR for the fresh investigation in respect of the same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences. The offences covered in both the FIRs shall have to be treated as a part of the first FIR.

The scheme of CRPC is very clear that whenever information regarding the commencement of cognizable offence has given, the station in charge of the police station is bound to register it. The investigation is respect for such offence will be commenced by that officer under section 156 and 157 as the case may be.

If a police officer gets another information towards the commencement of another offence by the same accused in the course of the same transaction the police officer is bound to produce further investigation report instead of registering the second FIR.

You should file a revision application before the court of session or before the high court. Second FIR is liable to be set aside. Don’t submit a transfer application. Investigation in second FIR is invalid. Therefore cognisance on the second FIR is also invalid.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Recovery of money given to a friend as loan

I was a student studying abroad in Belgium. In 2016, one of my colleague who was also staying in Belgium took around 1100 euros which correspond to Rs 88000 in today’s conversion rate. He promised to return in two months. However, soon after going back to India he...

Guidelines for arrest

The basic guidelines for arrest. Police are bound to follow it before making the arrest. Time and again the supreme court of India in its judgments make rule or guideline for arrest. Some important judgments are given below.  Joginder Kumar  Vs   State  of UP   No...

Dowry death and cruelty

My daughter died in strange circumstances. She in-laws were demanded dowry after the marriage. I could not fulfil their demands but tried best to achieve as far as possible. I have sufficient evidence to prove that they demanded dowry otherwise ready to face dire...

How to Arrest in Section 498-A (Cruelty) IPC

How to arrest the accused of the offence of cruelty punishable under section 498A of the Indian Penal code? Statistics published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for the...

My friend took money by committing fraud

My friend Amit asked for a favour from me. On 31st May he said that his friend Jaspreet needed 10000 urgent help. I transferred the money to Jaspreet account. When I asked for the money after a few days, Amit said that Jaspreet has given him the cash and ask me to...

Unlawful assembly

Unlawful assembly under Indian Penal Code Section 141 of the Indian Penal Code (IPC) defines the unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is to commit any of...

Dowry death committed in matrimonial home

My sister is married in last year. His husband is an engineer and living in Bangalore. We have given rs 20 lakh as dowry at the time of marriage. My sister was very jolly and well educated and also an engineer working at Pune. Just after the marriage her father-in-law...

Ossification test in rape cases

What is the ossification test for determination of age? Does it apply in rape cases?Section 375 of The Indian Penal Code defines offence of rape. Sixth paragraph of this section says that consent of victim is immaterial in offence of rape when the age of victim is...

My aunt harassing my uncle for property

My uncle has one adopted daughter. He has a self-acquired property. His wife is torturing him to give all property to her. But my uncle wants to give the property to his daughter. His wife creating so much drama and spreading falls statement on my uncle. With the help...

Further investigation is being conducted with mala-fide intention

My girlfriend has filed a false case of sexual harassment. She filed FIR under section 354 A of the Indian penal code. Indeed, she induced me to establish a sexual relationship with the sole purpose to extort money. I trapped on the web; I had sent some WhatsApp...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now