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Second FIR Not Barred Merely Because Motive In Both Offences Are The Same

In CRIMINAL APPEAL NOS. 680­681 OF 2009, Pattu Rajan vs The State of Tamil Nadu, the matter was abduction of a married couple and subsequent death of the husband. The first FIR was lodged against the abduction  and subsequently on the discovery of the dead body of the husband, the second FIR was lodged. 

In the appeal before Supreme Court, one of the main points raised by the counsel for accused was that the second FIR was illegal, as there was already an FIR registered for a crime in the same transaction. It was argued that the second alleged offence was a continuation of the first alleged offence, and separate FIR could not have been registered. Therefore, the investigation and trial on the basis of illegal FIR are wholly vitiated, argued the appellants. The Court also rejected the argument that police should have carried out further investigation in relation to murder in the first FIR of abduction, instead of registering a separate FIR.

But the SC rejected this argument on the finding that both offences were separate transactions. It further held that mere commonality of motive will not make the offences part of same transaction. The Court also rejected the argument that police should have carried out further investigation in relation to murder in the first FIR of abduction, instead of registering a separate FIR. The bench also rejected the argument of appellants that first FIR could not have been used as an evidence in the murder trial. The Court noted that the first FIR was not used as a substantive piece of evidence, but as a corroborative piece to show motive of the crime.


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