Case Name : Amitbhai Anilchandra Shah vs The Central Bureau of Investigation & Anr
Case Reference: (2013) 6 SCR 623 :
Case Number: WP Crl 149/2012
Court: Supreme Court
Bench: 02
Coram: P Sathasivam, Dr BS Chauhan
Date: 08.04.2013
There can be no second FIR. Second FIR is violative of Article 14, 20 and 21 (Para 33, Page 662, C)
There can be no fresh investigation on receipt of every subsequent information in respect of the same occurrence The police only have power to make further investigation in such cases under 173(8)
The consequence test is to applied - If the offence forming part of the second FIR arises as a consequence of the offence alleged in the FIR then offences covered by both the FIRs are the same (Para 33, Page 662, D-F)
– Refer also: TT Antony vs State of Kerala, (2001) 6 SCC 181 : (2001) 3 SCR 942 C Muniappan vs State of Tamil Nadu, (2010) 9 SCC 1 : (2010) 10 SCR 262
See also: CrPC - Section 173 (8) Constitution - Article 14 Constitution - Article 20 Constitution - Article 21