Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Registration of FIR in One Station for Same Cause of Action - Multiple FIRs can be registered for the same cause of action if they are based on different circumstances or orders, especially when a Magistrate directs investigation under Section 156(3) CrPC, which leads to registration of FIRs in different jurisdictions. The registration occurs based on judicial directions, often after application by the complainant, and is subject to the court’s order ["2025 0 Supreme(All) 3376"], ["2025 6 Supreme 205"].
Section 156(3) CrPC and Court’s Role - The court’s power under Section 156(3) CrPC allows it to direct police to register an FIR and investigate when a complaint discloses a cognizable offence. Such directions are judicial functions requiring application of judicial mind, often following a complaint or application, and can lead to multiple FIRs if different courts or jurisdictions are involved ["2024 0 Supreme(Mad) 1417"], ["2024 0 Supreme(Chh) 261"].
Jurisdictional Issues and Multiple FIRs - Filing FIRs in different jurisdictions for the same cause of action is permissible if each FIR arises from distinct circumstances or orders. Courts have refused to quash FIRs or complaints solely because they relate to the same cause of action, especially when subsequent orders or investigations are initiated by different courts or authorities ["2025 0 Supreme(All) 3376"], ["2024 0 Supreme(Chh) 261"].
Legal Principles and Court Judgments - The Supreme Court and High Courts have emphasized that multiple FIRs for the same cause of action are permissible under Section 156(3) CrPC if they are based on judicial directions or separate circumstances. The registration of FIRs following court orders is a judicial act, and subsequent FIRs are not necessarily barred if they are based on different orders or investigations ["2024 0 Supreme(Chh) 261"], ["2023 0 Supreme(Kar) 516"], ["2025 0 Supreme(All) 3376"].
Procedural Aspects and Judicial Discretion - The court’s discretion under Section 156(3) CrPC must be exercised judiciously, with reasons provided for directing FIR registration. It is not mandatory for a prior complaint or application to be filed before invoking Section 156(3), and courts can direct police to register FIRs based on complaints or judicial directions ["2023 0 Supreme(Jhk) 1181"], ["2024 0 Supreme(Chh) 261"].
Forum Shopping and Multiple Complaints - Filing multiple complaints or FIRs across jurisdictions for the same cause of action may be considered forum shopping, but courts have upheld such actions if they are based on different judicial directions or circumstances. Courts have also clarified that complaint and FIR can coexist unless they are identical in all aspects ["2023 0 Supreme(Del) 5196"].
Conclusion - Under Section 156(3) CrPC, a FIR registered in one jurisdiction for the same cause of action as another FIR in a different jurisdiction is permissible if based on separate judicial directions or circumstances. Courts recognize that multiple FIRs can be registered for the same cause of action when they arise from different orders or investigations, and such registration is a judicial act, not inherently barred. Proper judicial discretion and reasons are essential in directing FIR registration ["2025 0 Supreme(All) 3376"], ["2024 0 Supreme(Chh) 261"].
References:- ["2025 0 Supreme(All) 3376"]- ["2025 6 Supreme 205"]- ["2024 0 Supreme(Mad) 1417"]- ["2024 0 Supreme(Chh) 261"]- ["2023 0 Supreme(Jhk) 1181"]- ["2023 0 Supreme(Del) 5196"]- ["2023 0 Supreme(Kar) 516"]
In the complex landscape of Indian criminal procedure, individuals often face dilemmas when seeking justice for cognizable offences. A common query arises: If an FIR has already been registered at one police station for a particular cause of action, can you still file an application under Section 156(3) of the Code of Criminal Procedure (CrPC) in another jurisdictional court? This question touches on critical issues of jurisdiction, multiple investigations, and the prevention of abuse of process.
This blog post delves into the legal nuances, drawing from established precedents and statutory provisions. Note: This is general information based on legal principles and should not be considered specific legal advice. Consult a qualified lawyer for your situation.
The scenario typically unfolds when a complainant approaches one police station, leading to FIR registration, but feels dissatisfied with the investigation—perhaps due to inaction, incompleteness, or perceived bias. They then turn to a Magistrate under Section 156(3) CrPC in a different jurisdiction, seeking directions for police investigation.
Key Question: Does the prior FIR bar the second application? Generally, no, provided the application discloses a cognizable offence and the court has territorial jurisdiction. This flexibility acknowledges that causes of action may span multiple areas or initial probes may falter. 2012 0 Supreme(SC) 902
Section 156(3) CrPC empowers a Magistrate to order police investigation into cognizable offences within their territorial jurisdiction. Importantly, registering an FIR in one station does not automatically preclude a subsequent Section 156(3) application elsewhere. Courts assess each case on merits: Does it reveal a cognizable offence? Is jurisdiction proper? If yes, investigation can proceed independently. 2012 0 Supreme(SC) 902 2013 0 Supreme(SC) 160
The Supreme Court and High Courts have clarified that multiple FIRs for the same incident are permissible across jurisdictions, especially if facts justify it or prior efforts were inadequate. As noted, the registration of a second FIR on the same facts, especially in different jurisdictions, is permissible unless it amounts to an abuse of process or a clear case of double jeopardy. 2012 0 Supreme(SC) 902
This provision bridges gaps in direct police action. Magistrates apply judicial oversight before directing probes, ensuring no frivolous claims. Multiple proceedings are allowed if:- The cause spans jurisdictions.- Initial investigation was incomplete or improper. 2012 0 Supreme(SC) 902
For instance, in cases where complaints are forwarded under Section 156(3), FIRs are registered post-Magistrate direction, even alongside prior actions. 2021 Supreme(Online)(MAD) 34075 The court observed: they did so on a direction by the jurisdictional Magistrate, before whom a petition was filed under Section 156(3) of the Code of Criminal Procedure. This reinforces that Magistrate orders can trigger fresh FIRs. 2021 Supreme(Online)(MAD) 34075
CrPC does not outright ban multiple FIRs for the same cause. Each must stand on its own: cognizable offence + proper jurisdiction. Courts guard against forum shopping but permit filings if genuine.
In 2013 0 Supreme(SC) 160, the law permits multiple FIRs for different incidents or distinct aspects of the same incident, and such filings are permissible unless shown to be abuse of process. This aligns with broader jurisprudence where second FIRs are quashed only on clear misuse grounds.
Relatedly, in land disputes turning criminal, courts caution: From a perusal of documents annexed, it appears that Civil Suits regarding the land dispute are also pending before Civil Court... which indicates that complainants have given a criminal hue to a civil dispute. 2023 0 Supreme(Chh) 349 Here, petitions were allowed, emphasizing finalized matters cannot be reopened, but pending ones may proceed with scrutiny.
Even with a prior FIR, a fresh application is viable. The Magistrate examines:1. Disclosure of cognizable offence.2. Territorial jurisdiction.3. No evident abuse. 2012 0 Supreme(SC) 902
Examples abound. In one case, after no police action on a registered post complaint, the petitioner filed under Section 156(3): since there was no action at all, the petitioner was constrained to file the above petition under Section 156 (3) of Cr.P.C., for registration of FIR. 2025 Supreme(Online)(Mad) 63167 This highlights escalation options.
Another instance involved FIR registration via Magistrate direction under Section 156(3) despite prior kalandara entries. 2019 0 Supreme(Del) 2242 Courts remanded matters for fresh charge orders, stressing application of mind at the stage of framing of charge and taking cognizance. 2019 0 Supreme(Del) 2242
Not all second filings succeed. Courts intervene if:- It's a mere duplicate.- Forum shopping or pressure tactics evident.- Civil dispute cloaked as criminal. 2013 0 Supreme(SC) 160
Cloaking civil disputes with a criminal nature for expedience is an abuse of process law. 2025 Supreme(Online)(Mad) 63167 In cheating conspiracy cases, proceedings were quashed as civil: the dispute between the parties is civil in nature and criminal proceedings has been initiated... with mala fides. 2021 0 Supreme(Ker) 1191
Similarly, in film-related FIRs post-CBFC certification, filings were deemed abusive: Such FIR is an abuse to the process of law. 2018 0 Supreme(Raj) 220 Principles like res judicata rarely apply strictly in criminal matters. 2016 0 Supreme(Ker) 482
In co-operative society liquidations, FIR lodgment wasn't barred despite statutory curbs on proceedings. 2020 0 Supreme(Pat) 4 The court referred: Bar created under sub-section (2) of Section 50... would not cover lodgment of FIR. 2020 0 Supreme(Pat) 4
Under Indian law, a prior FIR in one station generally does not prevent a Section 156(3) CrPC filing in another court, fostering access to justice while curbing misuse. Key is jurisdiction, cognizable nature, and good faith. Precedents like 2012 0 Supreme(SC) 902 and 2013 0 Supreme(SC) 160 affirm this, with safeguards against abuse seen in diverse cases from civil-criminal overlaps to procedural lapses.
Navigating these waters requires caution. If facing delays or jurisdictional hurdles, professional legal guidance is essential. Stay informed, act diligently, and respect the balance between remedy and restraint in criminal procedure.
References:1. 2012 0 Supreme(SC) 902: Clarifies no bar on subsequent 156(3) applications.2. 2013 0 Supreme(SC) 160: Permits multiple FIRs absent abuse.3. Additional cases: 2023 0 Supreme(Chh) 349, 2025 Supreme(Online)(Mad) 63167, 2021 Supreme(Online)(MAD) 34075, 2021 0 Supreme(Ker) 1191, 2020 0 Supreme(Pat) 4, 2019 0 Supreme(Del) 2242, 2018 0 Supreme(Raj) 220, 2016 0 Supreme(Ker) 482.
#CrPC1563, #MultipleFIRs, #LegalJurisdiction
Thereafter, the informant filed an application under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) before the Court concerned, seeking a direction for registration of an FIR. ... It is also submitted that the FIR was registered pursuant to judicial directions under Section 156 (#HL_STAR....
The said order is reproduced below: “Fresh Complainant received along with application U/s 156 (3) Cr.P.C. Be checked and registered. Heard on the application U/s 156(3) Cr. P.C. Ld. ... Undoubtedly, SHL got lodged FIR No.326/2004 at Police Station, Connaught Place, Delhi, against VLS and its officers. The aforesaid FIR#HL_E....
Magistrate, Delhi in exercise of its power under 156(3) of Cr.P.C.? ... Further, the Station House Officer has a statutory duty to register the complaint and investigate since it is a judicial order passed by the Chief Metropolitan Magistrate under Section 156(3) Cr.P.C. ... (3) After investigation is over, if the investigating officer arrives at the ....
The scope of Section 156(3) CrPC came up for consideration before this Court in several cases. ... 156(3) of the Cr.P.C. filed by respondent No. 2/Income Tax Department has been allowed and directed the concerned SHO to register the FIR under Section 154 of the Cr.P.C. against the petitioners and to investigate the m....
The learned court has sent the matter under Section 156(3) Cr.P.C. for registration of the FIR for investigation. In the complaint, there is no prayer of sending the matter to the police under Section 156 (3) Cr.P.C. ... Simply a complaint was filed before the learned court and the learned court has....
In spite of this Court condemning the practice of forum shopping, Respondent 2 filed two complaints i.e. a complaint under Section 156(3)CrPC before the Tis Hazari Court, New Delhi on 6-6-2012 and a complaint which was eventually registered as FIR No. 168 under Sections 406, 420, 120-B IPC before PS ... Then another complaint under Se....
The petitioners have challenged the orders passed by the learned Chief Judicial Magistrate, Balodabazar, in Criminal Complaint Cases filed under Section 156(3) of the Cr.P.C. whereby a direction has been issued to the concerned Police Station to register FIR and submit the final report. ... Further case of respondent No. 1 is that when no action was taken, a complaint c....
The private complaint filed thereafter which is now referred to investigation under Section 156(3) of the Cr.P.C., if permitted to continue would result in multiple FIRs being registered against the petitioners, which is hit by the judgment of the Apex Court in the case of T.T. ANTONY v. ... The complainant has lodged a complaint before the jurisdictional Police #HL_STA....
registered post, dated 03.03.2023 and the same was received on 06.03.2023 and that since there was no action at all, the petitioner was constrained to file the above petition under Section 156 (3) of Cr.P.C., for registration of FIR and for ... the District Superintendent of Police and in case, if the Superintendent of Police refuses to take action, then the complainant....
Rather, they did so on a direction by the jurisdictional Magistrate, before whom a petition was filed under Section 156(3) of the Code of Criminal Procedure and on appreciation of the facts stated therein, the jurisdictional Magistrate had directed registration of said First Information Report. ... Magistrate namely, the Judicial Magistrate No.II, Karaikal and as stat....
Act ,1958 and offences U/S 468 and 469 IPC are also involved. But in that case an FIR was registered based on a private complaint filed U/S 190 Cr.Pc which was forwarded u/s 156(3) Cr.P.C. to Police.
The FIR has been lodged after a written complaint filed before the learned Chief Judicial Magistrate being Complaint Case No. 584C of 2007 was referred to the jurisdictional Police Station under Section 156(3) of the Cr.P.C.
However, on the directions by the Metropolitan Magistrate, in an application under Section 156(3) CrPC filed by the complainant, the present FIR came to be registered. 5. It was further submitted that initially, a kalandara under Sections 107/151 CrPC was registered against Akhilesh Yadav only.
3. Facts in brief are that, the above mentioned FIR came to be registered on the basis of a complaint submitted by the complainant respondent in the court having jurisdiction which was forwarded to the Police Station Deedwana for investigation under Section 156(3) of the Cr.P.C. He claims to have come across information from news-channels and newspapers conveying that the petitioners herein had commenced shooting of a film on ‘Maharani Padmavati’ while twisting and distorting....
The said decision is reported as Raghunathan v. State of Kerala, [2001 (3) KLT 444]. In that proceedings, the petitioner had challenged the very act of the court below in forwarding Ext.P3 complaint under Section 156(3) Cr.P.C. by taking up an argument that instead of forwarding the complaint directly for investigation under Section 156(3) Cr.P.C., the court below ought to have ordered a preliminary enquiry which was mandatory. In the said Crl.M.C., it seems that this Court had appro....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.