Criminal Procedure Code 1973Second FIR Not Permissible Under Section173(8) CrPC

March 23, 20160

Second FIR Is not Permissible under Under Section173(8) CrPC, in the event of any further information being received by investigating agency in respect of the same offence or same occurrence, or, same transaction giving rise to one or more offences for which charge-sheet has already been filed by investigating agency.

However, a recourse is available with investigating agency in said situation  to conduct further investigation, normally with leave of court as provided under S. 173(8) CrPC.

[Awadesh Kumar Jha V. State of Bihar, (2016) 3 SCC 8]

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