Synopsis

The petitioner challenged an FIR registered pursuant to a second application under Section 173(4) of BNSS (corresponding to Section 156(3) CrPC) filed by the complainant/respondent no.4. The complainant’s first application under Section 156(3) CrPC had been dismissed for non‑prosecution. Thereafter, she filed a fresh application disclosing the earlier dismissal, which was allowed, leading to registration of the impugned FIR. The petitioner argued that (i) the subsequent FIR was barred as the allegations were already covered by an earlier FIR (registered in 2020); and (ii) the second application under Section 156(3) was not maintainable after the first was dismissed for non‑prosecution. The High Court held: (a) the first FIR (2020) did not cover the complainant’s grievance, and the second FIR pertained to a distinct incident/period not investigated earlier; (b) as per settled law, a second complaint/application is maintainable when the earlier dismissal was not on merits but for default/non‑prosecution; (c) the complainant had disclosed the earlier dismissal in the second application. The writ petition was dismissed.

Court: High Court of Judicature at Allahabad, Lucknow Bench

Coram: Honourable Abdul Moin, J. and Honourable Pramod Kumar Srivastava, J.

Date of Judgment: 3rd April 2026

Citation: Criminal Misc. Writ Petition No. 2777 of 2026 (2026:AHC-LKO:24251-DB)

Core Law: Code of Criminal Procedure, 1973 – Section 156(3) (direction for registration of FIR), Section 203 (dismissal of complaint); Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 173(4) (corresponding provision); principles of maintainability of second complaint/second application for direction to register FIR; multiple FIRs on same incident

2. Legal Framework

Major laws and provisions involved

• Code of Criminal Procedure, 1973 – Section 156(3) (Magistrate’s power to order police investigation); Section 203 (dismissal of complaint on merits)

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 173(4) (corresponding to Section 156(3) CrPC)

• Indian Penal Code, 1860 – Sections 419, 420, 467, 468, 471 (cheating, forgery)

Key legal principles applied

Multiple FIRs – when permissible: A second FIR is permissible if it pertains to a distinct incident or a different set of facts not covered by the earlier FIR, or where the earlier investigation did not address the allegations of the subsequent complainant. The mere fact that both arise from the same broader context does not bar a second FIR if the criminal acts are separate

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