State Of Rajasthan vs Surendra Singh Rathore 2025 INSC 248 - Permissibility Of Second FIR

Code of Criminal Procedure 1973 - Section 154 : BNSS 2023 - Section 173 - 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. (Para 9)

Context: SC set aside HC judgment which quashed the second FIR on the ground that FIRs were in regard to the same offence and observed: The FIR prior in point of time refers to a particular incident and the action taken therein is limited. The second FIR pertains to the larger issue of widespread corruption in the concerned department and, therefore, is much larger in its scope than the previous FIR. Quashing of the FIR would nip the investigation into such corruption, in the bud. The same would be against the interest of society. ]