Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The investigation process is triggered by the FIR, but once a final report or closure is issued for a particular cause, subsequent FIRs on the same cause are generally not entertained ["Islamdeen S/o Shri Mehardin VS State of Rajasthan - Rajasthan"], ["Mahesh Yadav VS State of Jharkhand - Jharkhand"].
Analysis and Conclusion:
References:- ["Mahesh Yadav VS State of Jharkhand - Jharkhand"]- ["Devmani Tiwari S/o Chhotelal Tiwari VS State Of Madhya Pradesh - Madhya Pradesh"]- ["Sampanna Mutalik S/o Vijaya Rao Mutalik VS State Of Karnataka - Karnataka"]- ["March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6774 - Madras"]- ["E Raju M Raju vs State of Telangana - Telangana"]- ["E Raju @ M Raju vs The State of Telangana - Telangana"]- ["Mudavath Ramesh vs The State of Telangana - Telangana"]- ["Priyanka Modi W/o Vaibhav Lodha vs State Of Rajasthan, Through Pp - Rajasthan"]- ["OM PRAKASH SHARMA vs STATE - Uttarakhand"]- ["Islamdeen S/o Shri Mehardin VS State of Rajasthan - Rajasthan"]- ["S. K. Basavarajan S/o. Karisiddaiah VS State of Karnataka by Chitradurga Rural Police Station - Crimes"]- ["Vinothini vs The State Rep. by its - Madras"]- ["John Vincent A. v. Government of Tamil Nadu Chennai and Others - Madras"]- ["Parul Budhraja vs State of U.P. - Allahabad"]
In the realm of criminal law in India, the registration of First Information Reports (FIRs) is a critical step that sets the investigation process in motion for cognizable offenses. But what happens when both a forest officer and the police register separate FIRs for the same cause of action, such as an incident of illegal logging or forest destruction? A common question arises: when the forest officer and police register two FIRs on same cause of action whether the FIR can be amalgamated or investigation should be separate?
This scenario raises important concerns about procedural efficiency, avoidance of multiplicity of proceedings, and preventing abuse of process. Generally, under the Code of Criminal Procedure (CrPC), FIRs on the identical incident cannot lead to parallel investigations; instead, they may need to be amalgamated if they pertain to the same transaction. However, separate probes may be warranted if distinct facts or incidents are involved. This blog post delves into the legal principles, key judgments, and practical considerations to provide clarity—note that this is general information and not specific legal advice; consult a qualified lawyer for your case.
Section 154 of the CrPC mandates the registration of an FIR upon receiving information about a cognizable offense. However, the scheme of the CrPC emphasizes that only the first FIR relating to a cognizable offence sets the investigation process in motion; subsequent FIRs concerning the same incident are typically not permissible for separate investigationMahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.
The landmark Supreme Court judgment in T.T. Antony v. State of Kerala (2001) 6 SCC 181 clarified that there can be no second FIR concerning the same incident or cause of action. If subsequent information relates to the same incident, it should be treated as a statement under Section 162 CrPC and incorporated into the original FIR Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842. The test of sameness is pivotal: Courts examine whether the FIRs arise from the same occurrence, involve identical accusations against the same parties, and form part of a single transaction Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.
From other precedents, multiple FIRs cannot be registered for the same incident arising from identical accusations against the same parties, highlighting abuse of process and procedural injusticeMudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486. In one case, the court quashed overlapping FIRs, ruling them impermissible under principles from T.T. Antony and Akbaruddin Owaisi v. State of Andhra PradeshMudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486.
Amalgamation (or consolidation) of FIRs is preferable when they are based on the same facts, involve the same incident, and relate to the same transaction. In such cases, they should be amalgamated into a single investigation to avoid duplication and fragmented proceedings Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.
Key criteria for amalgamation include:- Overlapping facts: Allegations in both FIRs mirror each other, even if informants differ Pranabjyoti Barman VS Union of India - 2021 Supreme(Gau) 422.- Same accused and offenses: Both target the same parties under similar sections of law Pranabjyoti Barman VS Union of India - 2021 Supreme(Gau) 422.- Single transaction: Incidents form 'two or more parts of the same transaction' rather than distinct occurrences Mudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486.
For instance, if a second FIR repeats allegations from the first but adds minor details, it should be treated as a statement under Section 162 CrPC rather than a fresh FIRPriyanka Singh VS State of Maharashtra - 2021 Supreme(Bom) 703. Courts have directed that instead of quashing, such FIRs be merged by applying the sameness test Pranabjyoti Barman VS Union of India - 2021 Supreme(Gau) 422.
Conversely, if the FIRs are based on different facts, involve separate incidents, or are not part of the same transaction, then separate investigations are appropriateMahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842. Exceptions include:- Counter-complaints: A second FIR may be permissible if it offers a rival version of the same incident Taranjeet Singh Hora VS State of M. P. through P. S. Betma, Indore - 2018 Supreme(MP) 440.- Different allegations: Even from the same incident, if accusations differ significantly or involve new offenses Priyanka Singh VS State of Maharashtra - 2021 Supreme(Bom) 703.- Distinct occurrences: Linked by a common cause but factually separate Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.
In Bharatiya Nagarik Suraksha Sanhita, 2023 contexts (successor to CrPC), courts have reiterated that multiple FIRs for the same incident violate legal symmetry, but separate probes are allowed for varied facts Mudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486. Additionally, the second FIR for the same nature of offence against same accused person lodged by a different person or containing different allegations is maintainableTaranjeet Singh Hora VS State of M. P. through P. S. Betma, Indore - 2018 Supreme(MP) 440.
Forest officers, empowered under special laws like the Forest Conservation Act, can register FIRs for offenses like illegal felling. When they overlap with police FIRs on the same cause of action (e.g., the same logging incident), the approach mirrors general principles. If overlapping and concerning the same facts, they should be amalgamatedMahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.
However, if the forest FIR focuses on environmental violations (e.g., tree felling) and the police FIR on associated crimes (e.g., theft under IPC) from distinct aspects, separate investigations may proceed Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842. Precedents warn against police overreach in specialized domains; for example, in drugs cases, police cannot supplant inspectors unless specified UNION OF INDIA VS ASHOK KUMAR SHARMA - 2020 6 Supreme 1. Analogously, forest cases may require coordination to prevent abuse.
In a relevant observation, for the same incident three FIRs should not have been registered, therefore, the subsequent two complaints should be investigated with the first FIR without registering separate second and third FIRTaranjeet Singh Hora VS State of M. P. through P. S. Betma, Indore - 2018 Supreme(MP) 440. This underscores efficiency in inter-agency scenarios.
Courts exercise discretion under Section 482 CrPC (or Section 528 BNSS) to quash vexatious multiple FIRs, especially if they smack of malicious prosecution or abuse of processMudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486. Limitations include:- No blanket bar on police assisting specialized officers UNION OF INDIA VS ASHOK KUMAR SHARMA - 2020 6 Supreme 1.- Fresh FIRs possible for absconding accused or new incidents April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7992.- High Courts avoid mini-trials on evidence reliability Taranjeet Singh Hora VS State of M. P. through P. S. Betma, Indore - 2018 Supreme(MP) 440.
The Supreme Court in Vinay Tyagi v. Irshad Ali and others has permitted second FIRs only for fresh offenses, not reprises of the same facts Taranjeet Singh Hora VS State of M. P. through P. S. Betma, Indore - 2018 Supreme(MP) 440.
To navigate this:- Authorities: Examine facts pre-registration; amalgamate overlapping FIRs promptly Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.- Accused: Petition High Courts for quashing or consolidation if multiplicity evident Mudavath Ramesh vs State of Telangana - 2025 Supreme(Telangana) 486.- Courts: Apply sameness test rigorously to curb duplication Mahadev Yadav VS State of Jharkhand - 2022 0 Supreme(Jhk) 842.- Seek joint investigation teams for inter-agency cases.
Understanding these nuances ensures fair investigations without undue harassment. For tailored advice, approach legal experts familiar with your jurisdiction's nuances.
#MultipleFIRs #CrPCFIR #LegalInsights
On receipt of information about a cognizable offence or an incident giving rise to a cognizable offence or offences and on entering the FIR in the station house diary, the officer in charge of a police station has to investigate not merely the cognizable offence reported in the FIR but also other connected ... The fundamental basis on which the jurisdiction of this Court has been invoked under Article 32 is the filing of multiple FIRs and complaints in various States arising from the same cause of #HL_S....
Officer in charge of a police station has been defined under Section 2(o) CrPC and it includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in ... Now by order dated 19.01.2021 the Registrar has allowed the appeal on the ground of competency and has directed the Deputy Registrar#HL_EN....
Registration of FIR and investigation of offences under the Wild Life (Protection) Act, 1972, by police officer Violations of the provisions of the Act are not specified as cognizable offence, therefore, police officers are often unwilling to lodge FIR and investigate offences reported under the provisions ... Therefore, if Police officers in the State concerned are not authorized to file complaints under Section 55 of the Act, the Police report is t....
5 THE OFFICER INCHARGE, AVADI TOWN POLICE STATIN, AVADI. ... bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand Only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the ... (d)the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is ....
in regard to incidents which are two or more parts of the same transaction or relate completely to two distinct occurrences.It is only if the second FIR relates to the same cause of action, the same incident, there is sameness of occurrence and an attempt has been made to ... If they relates to the occurrence of same incident and investigation is same, arising out of the same cause of action, registration of multiple FIRs is impermissible even in cas....
in regard to incidents which are two or more parts of the same transaction or relate completely to two distinct occurrences.It is only if the second FIR relates to the same cause of action, the same incident, there is sameness of occurrence and an attempt has been made to ... If they relates to the occurrence of same incident and investigation is same, arising out of the same cause of action, registration of multiple FIRs is impermissible even in ca....
in regard to incidents which are two or more parts of the same transaction or relate completely to two distinct occurrences.It is only if the second FIR relates to the same cause of action, the same incident, there is sameness of occurrence and an attempt has been made to ... If they relates to the occurrence of same incident and investigation is same, arising out of the same cause of action, registration of multiple FIRs is impermissible even in cas....
in regard to incidents which are two or more parts of the same transaction or relate completely to two distinct occurrences.It is only if the second FIR relates to the same cause of action, the same incident, there is sameness of occurrence and an attempt has been made to ... If they relates to the occurrence of same incident and investigation is same, arising out of the same cause of action, registration of multiple FIRs is impermissible even in cas....
Officer twice daily at 10.00 a.m. ... IN THE HIGH COURT OF JUDICATURE AT MADRAS ( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. ... State of Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. ... until further orders; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the pe....
bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only)each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of ... or trial; (c)the petitioners shall report before the Investigating Officer as and when required for interrogation; (d)the petitioners shall not abscond either during investigation or trial; (e) on breach ... IN THE HIGH COURT OF JUDICATURE AT MADRAS....
The informant in the second FIR may not be examined in the first FIR (which is not reflected in the present petition), but the fact remains that in both the cases, investigation is carried out against the same set of persons for the same cause of action and under same section of law and occurrence is of same year 2010. The allegation in both the FIRs is exactly same, but in the second FIR, specific cause of action has been mentioned and only the informant in both the cases are different.
Learned Senior Advocate relied upon the decision of the Honble Supreme Court in the case of TT Anthony Vs. State of Kerala, (2001) 6 SCC 181 to contend that the complaint given by Respondent No.2 can only be treated as statement under section 162 CrPC and cannot form basis of present FIR. It is the submission of learned Senior Advocate that any information received on same cause of action should be part of the ongoing investigation even if it discloses different offence. The next contention of learned Senior Advocate is that no second FIR can be registered on the basis of the same ....
The only prohibition is against the Police Officer lodging the charge sheet. This brings up another issue, who is the person who can arrest a person accused of an offence in Chapter IV of the Act? Is it open to a Police Officer acting under the CrPC to arrest such person? There can be no taboo on the Police Officer registering the FIR and even conducting the investigation.
That, on the basis of the allegation and the material available, no offence is made out. i. That, for the same incident three FIRs should not have been registered, therefore, the subsequent two complaints should be investigated with the first FIR without registering separate second and third FIR. 7. The petitioners are praying for quashing of the FIR broadly on the following grounds:-
Accordingly the said husband of the deceased, lodged an FIR (ext.4) with the Officer in-charge, Haluwating Police Station. Police registered the same as FIR and launched investigation into the matter.
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