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

Pakistan vs. India: Live Score Update From Champions Trophy 2025

The much-anticipated 5th match of the ICC Champions Trophy 2025 is underway today between India…

57 mins ago

Domestic & International Air Traffic Growth In January 2025

India’s domestic air passenger traffic rises 14.5% YoY in January 2025, with international traffic showing…

1 hour ago

India vs. Pakistan: Spin vs. Pace In High-Stakes ICC Champions Trophy 2025 Showdown

Cricket fans are eagerly anticipating one of the most exciting clashes of the ICC Champions…

1 hour ago

India Receives Prince Michael Decade Of Action Road Safety Award

India has been honored with the Prince Michael Decade of Action Road Safety Award for…

2 hours ago

Schneider Electric To Open Three New Plants In India

Schneider Electric announces plans to establish three new manufacturing plants in India, bolstering its presence…

2 hours ago

India’s Electricity Supply Grows In Rural, Urban Areas: Union Minister Khattar Highlights

Union Power Minister Manohar Lal Khattar announces a significant rise in electricity supply in rural…

3 hours ago