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Citing the Supreme Court’s judgment in Babu Bhai v. State of Gujarat, the high court highlighted that a second FIR is permissible if the allegations in the subsequent complaint are based on a different version of the incident.
The Allahabad High Court recently allowed a woman's application under Section 482 of the Criminal Procedure Code (CrPC) against rejection of her application under Section 156(3) CrPC to register a second FIR regarding her husband’s murder, despite already being implicated in the case.
The bench of Justice Manju Rani Chauhan set aside the court below's orders while observing that the application as moved by the woman should have been entertained in view of the settled position of law as second FIR is maintainable where, there is a different version and also new discovery is made on factual foundation.
The case originated from an FIR filed on May 28, 2020, under Sections 302 and 201 of the Indian Penal Code, after the burnt body of an unidentified person was discovered near Vrindavan, Mathura. The body was later identified by Sangeeta Mishra (the present applicant) and her son as her missing husband, who had disappeared earlier that month. The police charged Mishra with the murder, based on a confessional statement, and she was subsequently jailed.
Following her release, Mishra attempted to file a second FIR, claiming her husband’s murder was linked to a family dispute over property and that the real culprits had managed to escape justice by framing her. Her initial plea to lodge this FIR was rejected by both the Chief Judicial Magistrate in May 2022 and the Additional District Judge in April 2023, prompting her to approach the high court.
The high court said that the courts below had acted "mechanically" without applying legal principles governing second FIRs. It referenced Supreme Court precedents, emphasizing that while a second FIR for the same incident is generally impermissible, exceptions exist when different facts or new discoveries emerge.
Court noted that Mishra's plea involved a distinct version of the events, which warranted further investigation. Citing the Supreme Court’s judgment in Babu Bhai v. State of Gujarat, the high court highlighted that a second FIR is permissible if the allegations in the subsequent complaint are based on a different version of the incident.
The high court remanded the matter back to the Chief Judicial Magistrate in Mathura for reconsideration and directed the court to adjudicate Mishra's application afresh, keeping in view the applicable legal principles regarding second FIRs.
Case Title: Smt Sangeeta Mishra Vs. State Of U.P. And 6 Others
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