Two FIRs on the Same Incident Permissible if Allegations Differ: Kerala High Court

In a recent judgment, the Kerala High Court ruled that the registration of two First Information Reports (FIRs) pertaining to the same incident is permissible if the nature of the allegations differs. The court’s decision came in response to two Criminal Revision Petitions involving allegations of forgery and fraudulent inducement in property transactions.

The High Court, In its observation, emphasized the importance of distinguishing between FIRs based on their content and the individuals filing the complaints. The judgment stated, “The prohibition for a second FIR does not cover a second FIR, allegations of which are different, although relating to the same incident. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint.”

The case Involved two separate complainants and distinct sets of allegations. The first FIR related to impersonation in a property document, while the second FIR involved fraudulent inducement and conspiracy, with different complainants. The court ruled that since the allegations and complainants were different, there was no bar on the second FIR in this case.

Legal experts have hailed the judgment as a clarification of the scope of revisional jurisdiction and a delineation of the concept of “sameness” in FIRs. It reinforces the principle that multiple FIRs on the same incident are prohibited only when they relate to identical allegations by the same complainant against the same accused.

The decision aligns with previous Supreme Court rulings and establishes a clear precedent for cases involving multiple FIRs based on distinct allegations. This judgment reaffirms the principle that the nature of the allegations and the complainants involved are crucial factors in determining the permissibility of multiple FIRs.

Date of Decision: December 1, 2023.

M.Mohammed Kunhi  VS  State Of Kerala