India

Allahabad HC Rules On Second FIR Registration

The Allahabad High Court has clarified that a second FIR cannot be filed for the same incident, as doing so would violate Article 21. However, if new statements, facts, or evidence come to light, a second FIR may be permissible.

In a recent ruling, Justice Manju Rani Chauhan addressed the case of Mrs. Sangeeta Mishra, canceling a magistrate’s order that denied her request to register an FIR concerning the conspiracy behind her husband’s murder. The court also dismissed a revision petition against this denial and instructed the Chief Judicial Magistrate (CJM) in Mathura to reconsider the petitioner’s application under Section 156(3).

The case stems from events on May 3, 2020, when police discovered an unclaimed body. An initial FIR was registered based on a post-mortem report indicating murder by strangulation and tampering with evidence. Subsequently, a charge sheet was filed, leading to the petitioner’s imprisonment.

Also Read: Bahraich Incident Under Control As Officials Respond Promptly

Upon her release, Mrs. Mishra sought to register an FIR regarding the same murder incident, claiming a different conspiracy narrative. This request was rejected by the magistrate, and her subsequent revision petition was also dismissed. Both decisions were contested in the High Court.

Mrs. Mishra alleged that her father-in-law had divided his property without her or her husband’s knowledge, triggering a family dispute. On May 3, 2020, her husband’s brother came to resolve the conflict but subsequently vanished. Mrs. Mishra reported her husband’s disappearance to the police the following day and again on May 28, but no action was taken initially.

The court highlighted that the original police FIR accused the wife of strangling her husband, while her subsequent claims presented a different version of events. Thus, the court ruled that while only one FIR can be filed for a single incident, a second FIR may be registered if new evidence or facts emerge.

Vishal Talwar

Recent Posts

UP Power Dept Fines SP MP Zia Ur Rehman Barq Rs 1.91 Crore Over Electricity Theft Allegations

The Uttar Pradesh Power Department fined Samajwadi Party (SP) MP Zia Ur Rehman Barq Rs…

38 mins ago

Hospital Confirms BJP MPs Sarangi & Rajput Are Stable Following Parliament Scuffle

BJP MPs Pratap Chandra Sarangi and Mukesh Rajput, injured in a Parliament scuffle, are in…

46 mins ago

Mamata Banerjee Criticizes Union Government Over Christmas Holiday & Ambedkar Remarks

West Bengal CM Mamata Banerjee criticized the Union government for dropping Christmas from national holidays.

1 hour ago

Delhi Government Enforces Year-Round Ban On Firecrackers Starting 2025

The Delhi government has announced a year-long ban on all types of firecrackers in the…

1 hour ago

Indian Stock Market Opens Flat As US Fed’s Hawkish Stance Eases

The Indian stock market opened flat on Friday as the hawkish stance from the US…

2 hours ago

Massive Fire In Jaipur After Truck Collision Claims Four Life, Several Injured

The incident occurred around 5:30 am when a CNG tanker parked near the petrol pump…

3 hours ago