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

Govt Disburses ₹1,596 Crore Under PLI Schemes For Six Sectors

The government has released ₹1,596 crore under its Production-Linked Incentive (PLI) schemes for six sectors…

23 mins ago

Deloitte Revises India’s GDP Growth Forecast To 6.5-6.8% For 2024-25

Deloitte India has revised its 2024-25 GDP growth projection to 6.5-6.8%, citing global trade and…

33 mins ago

India Launches New Diamond Imprest Authorization Scheme To Boost Sector

In a bid to bolster India's position as a global leader in the diamond trade,…

52 mins ago

Direct Selling Industry In Northeast India Sees Significant Growth, Led By Assam

The direct selling industry in Northeast India grew to Rs 1,854 crore in 2022-23, up…

1 hour ago

Davos 2025: India’s Workforce ‘Skilled & Hungry To Learn,’ Says Siemens’ Peter Koerte

Siemens reaffirmed its commitment to India's growth and investments, as stated by Peter Koerte in…

2 hours ago

76 Dead In Fire At Turkey’s Kartalkaya Ski Resort; Nine Detained

At least 76 people have died in a devastating fire at the Kartalkaya ski resort…

2 hours ago