The Supreme Court, in P Sreekumar v State of Kerala, held there is no prohibition in law for filing the second FIR with respect to the same incident if it was not filed by the same person (who had filed the first FIR) as a counter complaint based on the acquisition different from the previously made in first one. Justice RK Agrawal and Justice AM Sapre set aside a judgment of Kerala High Court that quashed such a subsequent FIR and final report. They also observed that such set of two FIR or fi al report is a mere abuse of process of the court. The accused first and foremostly reported to the high court by contending that two cases which are pending against him in two courts with same allegations, same facts on the same offense.
It was later observed by the bench that the second FIR wasn’t filed by the same person so whoever had filed the first FIR, which can result into a different case but here it isn’t like that here. The court also justified that the facts of the case in first FIR was against 5 persons based on similar and one set of allegations but in second FIR the allegations were different from the one made in the first FIR. The court referred previous judgment, The case Upkar Singh v Ved Prakash & Ors, it had observed: “Be that as it may if the law laid down by this Court in TT Antony case is to be accepted as holding that the second complaint in regard to the same incident filed as a counter-complaint is prohibited under the Code then, in our opinion, such conclusion would lead to serious consequences.”