It is not possible for the same person to file two FIRs in the same incident. However, counter-FIRs can be filed in the same incident by opposite parties.
In the case of Surender Kaushik v. State of U.P., (2013) 5 SCC 148, it was held that:
“…the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter-FIR relating to the same or connected cognizable offence. 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. As is further made clear by the three-Judge Bench in Upkar Singh [Upkar Singh v. Ved Prakash, (2004) 13 SCC 292], the prohibition does not cover the allegations made by the accused in the first FIR alleging a different version of the same incident. Thus, rival versions in respect of the same incident do take different shapes and in that event, lodgment of two FIRs is permissible.”
Also see the latest judgment of the Supreme Court in this regard: P. Sreekumar v. State of Kerala, (2018) 4 SCC 579.
Therefore, it should be clear that filing of two FIRs in the same incident by the same person is not possible. However, counter-FIRs by opposite / rival parties in the same incident may be filed for their counter versions against each other.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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