The Supreme Court of India on 19th March, 2018 in P. Sreekumar v. State of Kerala & Ors, set aside the order of the High Court quashing the Second FIR/ charge sheet filed under section 482 of the Code of Criminal Procedure, 1973.
While deciding the question as to whether a “second FIR in respect of the same accused for a same offence is liable to be quashed?” the two-judge bench comprising of Justice RK Agarwal and Justice AM Sapre, opined that:
“…there is no prohibition in law to file the second FIR and that once such an FIR is filed, it will be capable of being taken note of and would be tried on merits in accordance of law.”
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