Second FIR Permissible if Based on Fresh Facts : Allahabad High Court

The Allahabad High Court has clarified that filing a second FIR is not automatically barred, provided it arises from fresh facts or distinct offences.

The Court explained that the decisive test is whether both FIRs concern the same transaction or occurrence. In the present case, while the first FIR pertained to alleged cheating in an investment scheme, the second FIR was filed later after forged and fabricated documents were allegedly used during investigation and court proceedings.

Holding that these acts were separate and independent of the original offence, the Court ruled that the test of sameness was not satisfied and therefore declined to quash the second FIR.

[Sangeeta Mishra v State Of U.P. & Ors]