The Jharkhand High Court, reaffirming prior Supreme Court precedents, held that a second FIR concerning the same occurrence and accused is impermissible, constituting an abuse of process under Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The ruling maintains settled law, clarifies its application to the new criminal code (BNSS), and serves as binding authority for all subordinate courts in Jharkhand.
Summary
| Category | Data |
|---|---|
| Case Name | Cr.M.P./3051/2025 of ADARSH LAKSH ALIAS ADARSH LAKSHYA ALIAS BHAIYA JI Vs THE STATE OF JHARKHAND |
| CNR | JHHC010345532025 |
| Date of Registration | 14-10-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | Allowed |
| Judgment Author | Hon’ble Mr. Justice Anil Kumar Choudhary |
| Court | High Court of Jharkhand |
| Precedent Value | Binding on subordinate courts within Jharkhand; persuasive elsewhere |
| Overrules / Affirms |
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| Type of Law | Criminal Procedure; Interpretation of BNSS, 2023 (Section 181) |
| Questions of Law | Whether a second FIR for the same occurrence and the same accused is permissible under Section 181 of BNSS, 2023? |
| Ratio Decidendi |
The Court held that registration of multiple FIRs by the same person against the same accused for the same set of facts and allegations leads to abuse of process and is prohibited. The Court interpreted Section 181 of the BNSS, 2023 in pari materia with Section 162 CrPC, incorporating Supreme Court authority. Second or successive FIRs (not being counter-cases) for the same incident are impermissible. The logic rests on preventing multiple criminal proceedings for the same alleged offence, safeguarding the rights under Articles 21 and 22 of the Constitution. |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court |
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| Facts as Summarised by the Court |
The petitioner was accused in Kunda P.S. Case No. 58/2025 (blocking highway with dead body, assault on police, attempt to murder, deterring public servant, outraging modesty), registered by a written report of a police officer. The petitioner argued the occurrence involved was already subject of Kunda P.S. Case No. 57/2025, based on another police report. State argued the incidents were half an hour apart. The Court found both cases related to the same transaction and quashed the second FIR and subsequent proceedings. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Jharkhand |
| Persuasive For | Other High Courts, and serves as persuasive precedent for interpretation of BNSS, 2023 elsewhere |
| Follows |
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What’s New / What Lawyers Should Note
- Reiterates and applies the prohibition on second FIRs for the same occurrence and accused under BNSS, 2023, Section 181.
- Clarifies that interpretation of Section 181 BNSS, 2023, aligns with previous jurisprudence on Section 162 CrPC.
- Reaffirms that fresh complaints on same facts by same complainant or others against the same accused are statutorily prohibited.
- Restates exception for “counter-cases” with different versions, but not for successive complaints on same facts/allegations.
- The decision may be cited to challenge multiple FIRs in cases governed by BNSS, 2023.
Summary of Legal Reasoning
- The Court examined the facts and identified that the petitioner faced prosecution in two FIRs (Kunda P.S. Case No. 57/2025 and No. 58/2025) relating to the same transaction.
- The petitioner cited the Supreme Court’s decision in T.T. Antony, which prohibits multiple/successive FIRs for the same occurrence, except for counter-cases.
- The Court reinforced this position with reference to Tarak Das Mukherjee (2022), emphasizing the injustice and abuse of process involved in such prosecutions.
- Upkar Singh was cited to reiterate that successive FIRs on the same facts are prohibited, with only counter-cases excepted.
- The State contended the two FIRs related to incidents a half-hour apart, but the Court found them to arise out of the same transaction.
- Accordingly, applying these precedents and interpreting Section 181 of BNSS, 2023 with the same rationale as Section 162 CrPC, the Court held the second FIR and consequential proceedings to be impermissible and quashed them.
Arguments by the Parties
Petitioner
- Argued that Kunda P.S. Case No. 58/2025 was a second FIR regarding the same occurrence as Case No. 57/2025.
- Cited T.T. Antony v. State of Kerala to support prohibition against successive FIRs for the same occurrence.
- Argued Section 181 of BNSS, 2023 applies.
- Sought quashing of the second FIR and subsequent criminal proceedings.
Respondent (State)
- Opposed quashing, arguing that Kunda P.S. Case No. 58/2025 concerned an incident occurring half an hour before the incident in Case No. 57/2025.
- Submitted that the petition was without merit and should be dismissed.
Factual Background
The petitioner was named as an accused in Kunda P.S. Case No. 58 of 2025, registered on a police officer’s written report, arising from events where a dead body was placed on a highway, followed by alleged assault and attempt to murder police, among other charges. The petitioner argued these were identical events covered in Kunda P.S. Case No. 57 of 2025, registered earlier on a different police officer’s report. The State contended that the two FIRs pertained to incidents half an hour apart. The Court found both FIRs related to the same transaction.
Statutory Analysis
- Section 181, BNSS, 2023: The Court interpreted this section in the same manner as Section 162 CrPC, prohibiting further complaints/FIRs on same facts by same complainant or others against the same accused once an investigation is underway.
- Counter-cases providing a different version are not affected by this prohibition.
- The statutory bar aims to protect against abuse of process and safeguard constitutional rights.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions were reported in the judgment.
Procedural Innovations
No new procedural innovations or guidelines were reported in the judgment.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.