Sachin Dutta vs State Of U.P. And Another on 3 March, 2023
In the case of Amitbhai Anilchandra Shah (supra), Hon'ble Supreme Court has considered the applicability of 'consequence test' as laid down in the case of C. Muniappan and others Vs. State of Tamil Nadu; (2010) 9 SCC 567 and has held that there can be no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or the same occurence or incident giving rise to one more cognizable offence. It has further been held that the second FIR is permissible in the case of cross cases and it is also permissible if the offence disclosed does not form part of the first FIR or it cannot be said to be part of the same transaction as covered by the first FIR or cannot be said to be arising as a consequence of the offence covered by the first FIR.