Registration of two FIRs for the same case permissible:SC

September 6th, 20106:21 am @    

On August 26, 2010 the Supreme court of India ruled that if police come across a totally different version of the incident from the accused then it is free to register a second FIR.

The Bench comprising of Justice B S Chauhan and Justice P Sathasivam made the registration two FIRs permissible in the case of A.M. Bharvad & Ors. Versus State of Gujarat & Ors.

The position regarding lodging of a second FIR now is-

  • If the accused in the first FIR comes forward with a totally different version or counter claim then a second FIR can be registered. Investigation on both will have to be conducted.
  • After due investigation if the police discovers that the second FIR relates to the same incident/events as that of first then the second will quashed. But if the contrary is discovered then the second FIR is permissible.

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