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

Hina Khan Hails 11 Years Of PM Modi’s Leadership; Highlights National Progress

As the nation marks 11 years under PM Modi's leadership, actress Hina Khan shares her…

3 hours ago

Subhash Ghai Hails PM Modi’s Transformative Vision For India

Subhash Ghai has praised PM Narendra Modi’s leadership for catalysing India’s growth and changing the…

4 hours ago

India & Central Asia Boost Rare Earth Cooperation At Delhi Meet

India and five Central Asian nations have agreed to deepen cooperation on rare earths and…

4 hours ago

PM Modi’s Beej Se Bazaar Tak Vision Reshapes Indian Agriculture

Prime Minister Modi has redefined Indian agriculture with the ‘Beej Se Bazaar Tak’ vision, transforming…

5 hours ago

EV Sales Cross 4% Mark In May; Signalling Steady Shift To Green Mobility

EV sales topped 4% of passenger vehicle retail in May 2025, signalling growing demand for…

5 hours ago

Self-Reliant Defence Industry Marks India’s Strategic Security Ascent

One year into Modi 3.0, reforms have reduced poverty, strengthened defence, and accelerated the digital…

5 hours ago