In The State Of Rajasthan vs. Surendra Singh Rathore 2025 INSC 248, Supreme Court has dealt with the issue of permissibility of second FIR, Supreme Court's division bench of Justices Sanjay Karol and Prashant Kumar Mishra laid down following principles regarding the permissibility of the registration of a second FIR:
1. When the second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered.
2. When the ambit of the two FIRs is different even though they may arise from the same set of circumstances.
3. When investigation and/or other avenues reveal the earlier FIR or set of facts to be part of a larger conspiracy.
4. When investigation and/or persons related to the incident bring to the light hitherto unknown facts or circumstances.
5. Where the incident is separate; offences are similar or different.
The principles underlined in the judgement dated February 19, 2025 were drawn from Court's decisions in Babu Bhai vs. State of Gujarat (2010) 12 SCC 254;T.T. Antony vs. State of Kerala (2001) 6 SCC 181; Anju Chaudhary vs. State of U.P. (2013) 6 SCC 384; Kari Choudhary vs. Sita Devi (2002) 1 SCC 714; Upkar Singh vs. Ved Prakash (2004) 13 SCC 292;Nirmal Singh Kahlon vs. State of Punjab (2009) 1 SCC 441; Ram Lal Narang vs. State (Delhi Admn.) (1979) 2 SCC 322;Surender Kaushik vs. State of U.P. (2013) 5 SCC 148; and P. Sreekumar vs. State of Kerala (2018) 4 SCC 579.
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