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Allahabad High Court

BHARAT VERMAversusSTATE OF U.P. AND 14 OTHERS

Decided
Disposal
Dismissed on merits

Holding

The first FIR dated 18.07.2024 (Case Crime No. 612 of 2024) is declared the principal FIR and all subsequent FIRs are to be clubbed with it as statements under Section 161, thereby preventing multiplicity of proceedings.

Summary

The petitioner, Bharat Verma, sought a writ of mandamus directing that all FIRs filed for non‑payment of deposit maturity amounts be merged with the first FIR (Case Crime No. 612 of 2024) and that no further FIRs be registered against him. The petition argued that the multiple FIRs were identical in facts, constituted an abuse of process, and that the petitioner, being only an ordinary member of the cooperative society, could not be held liable. The State contended that the FIRs were filed by different complainants in different jurisdictions and therefore could not be clubbed. The Court examined the statutory scheme of Sections 154, 155, 156, 157, 161, 162, 169, 170, 173 of the CrPC and Sections 111, 318, 61(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, applying the Supreme Court’s “test of sameness” to determine whether the FIRs arose from a single transaction. Finding that the allegations, accused persons, and underlying conduct were identical, the Court held that the subsequent FIRs must be treated as statements under Section 161 and merged with the principal FIR. Consequently, the petition was disposed and the first FIR was declared the principal FIR for all further investigation and trial.

Issues considered

  • The legality of clubbing multiple FIRs that allege the same offence and arise from the same transaction.
  • Whether the High Court can issue a mandamus directing consolidation of FIRs and transfer of investigations under Article 226/Section 482 of the CrPC.
  • Whether bail granted in the principal FIR extends to any subsequent FIRs filed against the petitioner.
  • Whether the petitioner, as an ordinary member of the cooperative society, can be held vicariously liable for the alleged fraud.

Legislation cited

Subjects

  • FIR consolidation
  • Section 154 CrPC
  • Section 161 CrPC
  • Section 482 CrPC
  • Article 226
  • Abuse of process
  • Test of sameness
  • Multiple FIRs
  • Criminal procedure
  • Bail extension
  • Cooperative society fraud

Judgment

                                                                         A.F.R.

                                                Reserved on: 13.07.2026
                                                Delivered on: 23.09.2026

               HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 10787 of 2026

Bharat Verma
                                                              …..Petitioner(s)

                                 Versus

State of U.P. and 14 others
                                                            …..Respondent(s)


Counsel for Petitioner(s)          : Anurag Tripathi

Counsel for Respondent(s)          : G.A.

Court No. - 48

               HON'BLE CHANDRA DHARI SINGH, J.
               HON'BLE TARUN SAXENA, J.

Per: Hon’ble Chandra Dhari Singh,J.

1. The instant writ petition has been filed seeking following main

reliefs:-

        “A. Issue a writ of Mandamus directing the Respondents that

        All the subsequent FIRs Registered relating to non-payment

        of      Depositors'   Maturity    Amounts      be      clubbed

        /Consolidated/Merged and proceeded with the FIRST F.I.R.

        Case Crime No. 612 of 2024, under sections 111, 318, 61(2),
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                                             CRLP No. - 10787 of 2026

352 and 351 (3) of B.N.S. Police Station-Kotwali Lalitpur,

District-Lalitpur by treating the said FIR as the Principal FIR

to the extent that relates to petitioner;


B. Issue an appropriate writ, order or direction in the nature

of mandaumus commanding, the respondents that no further

FIR containing similar allegations be registered against the

petitioner in the State of Uttar Pradesh and all subsequent

information/complaints containing similar allegations and/or

rising from common cause of action, relating to non-payment

of maturity proceeds be treated as statements under section

161 CrPC/180 BNSS in Principal F.I.R. Case Crime No. 612 of

2024, under sections 111, 318, 61(2), 352 and 351 (3) of

B.N.S. Police Station-Kotwali Lalitpur, District-Lalitpur and

accordingly be proceeded with to the extent that relates to

petitioner;


C. Issue an appropriate writ, order or direction in the nature

of mandaumus commanding the respondents that in the

cases where investigation officer had, if already, filed police

report/Chalan under section. 173 CrPC/193 B.N.S.S, 2023

before the concerned Court and consequently if the

concerned court has taken cognizance thereof, the said FIRs

and criminal cases would also stand transferred and

merged/clubbed along with the principal FIR referred herein

above and be tried by the Court having jurisdiction to try the

case concerning the principal FIR, as per the procedure

established by Law to the extent that relates to petitioner;
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                                                      CRLP No. - 10787 of 2026

       D. Issue an appropriate writ, order or direction in the nature

       of mandaumus commanding the respondents that since

       Petitioner has been granted bail in connection with the

       Principal FIR, the bail so granted must enure in favour of

       Petitioner (be applicable in all Subsequent F.I.Rs.;


       E. Issue an appropriate writ, order or direction in the nature

       of mandaumus commanding the respondents not to arrest

       the Petitioner in F.I.R'S in the District Lalitpur which relates to

       similar set of facts and allegations pertaining to the High

       deposits made in the society LUCC (Loni Urban Multi-State

       Credit & Thrift Co-operative Society) that have been lodged

       against the petitioner or any other F.I.R. that come to the

       knowledge of this Hon'ble court or the petitioner during the

       pendency of the present writ petition as well as future F.I.R's;


       F. Issue any other writ, order or direction in favor of the

       Petitioner, which this Hon'ble Court deems fit and proper in

       the facts and circumstances of the present case.”


Factual Matrix


2.   The prosecution case, in brief, is that the complainant,

namely, Yashwant Singh has lodged an F.I.R. on 18.07.2024

against Jagat Singh @ Tansu, Mukesh Kumar Jain and Neeraj Jain

@ Banti Jain for the offence under Sections 111, 318, 61(2), 352

and 351(3) of Bharatiya Nyaya Sanhita, 2023 alleging inter-alia

that he had filed a written complaint addressed to the
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                                               CRLP No. - 10787 of 2026

Superintendent of Police, District Lalitpur, stating, inter-alia, that

they are residents of Village Satlinga, Police Station Mahrauni,

District Lalitpur. Their agricultural land had been acquired for the

Bharat Dam Project, for which they had received compensation. It

was further stated that Jagat Singh alias Tansu, Mukesh Kumar

Jain and Neeraj Jain alias Bunty Jain approached them and

represented themselves to be agents of LUCC Company. They

assured them that if they opened an account/ID with the said

company and deposit money therein, the amount so deposited

would be doubled after a period of five years. Believing the

representations made by the aforesaid persons, the informant and

others deposited the following amounts with the company

through its agents on 26.03.2019:


(i) ID No. 7605427 — ₹1,00,000/- deposited by Smt. Harkunwar,

wife of Roop Singh;


(ii) ID No. 7662311 — ₹50,000/- deposited by Sukhsingh, son of

Harlal;


(iii) ID No. 7662331 — ₹25,000/- deposited by Yashwant Singh,

son of Kailash Singh; and


(iv) ID No. 7662321 — ₹25,000/- deposited by Jagat Singh, son

of Kailash Singh.
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                                               CRLP No. - 10787 of 2026

3. The aforesaid agents, namely, Jagat Singh alias Tansu, Mukesh

Kumar Jain, and Neeraj Jain alias Bunty Jain, reiterated that upon

completion of five years, the amount deposited by the informants

would be returned to them in double. The maturity period of the

aforesaid IDs expired on 26.03.2024. Thereafter, when the

informant and others demanded repayment of the amounts

deposited by them with the said company, the aforesaid agents

continued to evade the matter and assured them that the entire

amount would be returned after some time. However, despite

repeated demands, they continued to put off them on one pretext

or another. On 15.07.2024 at about 10:00 a.m., the informant

went to the residence of Jagat Singh alias Tansu. Mukesh Jain and

Neeraj Jain were also present. When he demanded repayment of

the amount deposited by him with the company, the aforesaid

persons abused him and threatened him with dire consequences.

In the impugned F.I.R., it is further alleged that the accused

persons have committed fraud and by preparing forged and

fabricated documents have also misappropriated their money, and

threatened that if any legal action was initiated against them,

they would kill him. Accordingly, he made a request to the

Superintendent of Police, District Lalitpur, to direct registration of

the case and to take appropriate legal action against the accused

persons.   They    further   prayed   that   the   money    allegedly
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                                                   CRLP No. - 10787 of 2026

      misappropriated be recovered from the said company and its

      agents and be refunded to them.


      4. After registration of aforesaid principal F.I.R., several other

      F.I.R.s containing the same allegations, arising out of same

      grievance, facts, and cause of action, have also been lodged. The

      comparative chart of the F.I.R. is placed below for ready

      reference:-


Sl. F.I.R. F.I.R. Date       Police          Offences           Accused Persons
No. Number                  Station/
                            District
 1. 612 of 18.07.2024 Kotwali           Under Section-        1. Jagat        Singh
    2024              Lalitpur/                               Alias Tansu
                                        111, 318, 61(2),
                      Lalitpur
                                        352, 351(3) of BNS, 2. Mukesh Kumar
                                                            Jain
                                        2023
                                                            3. Neeraj Jain alias

                                                              Bantee Jain

2.   647 of 26.07.2024 Kotwali          under Sections- 111, 1. Maan Singh
     2024              Lalitpur/        336(3), 318, 340(2),
                                                             2. Ashok Kumar
                       Lalitpur         352,     351(2)   of
                                                             Ahirwar
                                        B.N.S., 2023
                                                             3. Ravi Tiwari

                                                              4. Alok Jain

                                                              5. Hardev Patel

3.   1086 of 04.08.2024 Kotwali         under Sections- 111, 1.Sateesh Chandra
     2024               Lalitpur/       318, 338, 336(3), Jain Devran Wale
                        Lalitpur        340(2), 61(2), 352,
                                                             2. Aalok Jain
                                        351 (3) of B.N.S.,
                                        2023                 3. Ravi Tiwari

                                                              4. urendr a Kumar
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                                              CRLP No. - 10787 of 2026


                                                         Singh

                                                         5. Shaili Bajaj

                                                         6.CMD of LUCC
                                                         Sameer Agrawal

                                                         7. Fund Managner
                                                         R.K. Shetti

                                                         8. Member of Core
                                                         Committee Vinod
                                                         Tiwari

                                                         9. Rahul Tiwari

                                                         10. Shabab Rizvi

                                                         11. Hardev Patel

                                                         12. Mahesh Prasad
                                                         Rajak

4.   686 of 06.08.2024 Kotwali     under Sections- 111, Ravi Tiwari and 4
     2024              Lalitpur/   336(3),      340(2), others
                       Lalitpur    61(2), 318 of B.N.S.,
                                   2023

5.   687 of 06.08.2024 Kotwali     under Sections- 111, 1. Aalok Jain
     2024              Lalitpur/   336(3),      340(2),
                                                         2. Ravi Tiwari
                       Lalitpur    61(2), 318 of B.N.S.,
                                   2023                  3. Vinod Tiwari

                                                         4. Rahul Tiwari

                                                         5. Ram          Naresh
                                                         Sahu

                                                         6. Samir Agarwal

6.   688 of 06.08.2024 Kotwali     under Sections- 111, 1. Ashok Jain
     2024              Lalitpur/   336(3),      340(2),
                                                         2. Ravi Tiwari
                       Lalitpur    61(2), 318 of B.N.S.,
                                   2023                  3. Vinod Tiwari

                                                         4. Rahul Tiwari

                                                         5.    Ram       Naresh
                                   8
                                              CRLP No. - 10787 of 2026


                                                         Sahu

                                                         6. Ashok        Kumar
                                                         Ahirwar

                                                         7. Hardev patel

                                                         8. Surendra       Pal
                                                         Singh



7.   204 of 06.08.2024 Jakhaura/   under Sections- 111, Vinod Shrivastava
     2024                          61(2), 318(4), 338,
                       Lalitpur
                                   316(2),      336(3),
                                   340(2), 351(2) of
                                   B.N.S., 2023

8.   236 of 06.08.2024 Mahrauni/   under Sections- 111, 1. Vivek Chaturvedi
     2024                          61(2),       318(4),
                       Lalitpur                         2. Jagat Singh alias
                                   316(2),      336(3),
                                                        Tansu
                                   340(2), 351(2) of
                                   B.N.S., 2023         3. Mukesh Kumar
                                                        Jain

                                                         4. Neeraj Jain alias
                                                         Bantee

                                                         5. Alok Jain

9.   261 of 06.08.2024 Talbehat    under Sections – 1.         Manvendra
     2024                          111, 61(2), 318(4), Dwivedi   &    25
                                   336(3),     340(2), others
                                   351(2) of B.N.S.,
                                   2023

10. 231 of 19.10.2024 Jakhlaun     Under Sections- 34, 1. Smt. Ladkuwar
    2024                           420, 406, 467, 468,
                                                       2. Manmohan
                                   471 I.P.C.
                                                       3. Asharam

                                                         4. Alok Kumar Jain

                                                         5. Ravi Tiwari

                                                         6. One unknown
                                          9
                                                      CRLP No. - 10787 of 2026


11. 301 of 07.11.2024 Jakaura             under Sections- 111, Ashok Singh
    2024                                  318(4),      336(3),
                                          340(2), 351(2) of
                                          BNS, 2023

12. 190 of 11.11.2024 Narahat/            under       Sections- Smt. Guddi
    2024                                  318(4), 338, 336(3),
                      Lalitpur
                                          340(2), 352, 351(3)
                                          of B.N.S., 2023

13. 270 of 10.03.2025 Kotwali             under Sections- 111, Sateesh Chandra
    2025              Lalitpur/           61(2),       318(4), Jain & 25 others
                                          336(3),      340(2),
                           Lalitpur
                                          351(3),    352    of
                                          B.N.S., 2023

14. 006 of 06.01.2026 Talbehat            under Sections- 111, Deepak        &   8-10
    2026                                  61(2), 318, 336(3), others
                                          340(2), 351(3), 352
                                          of B.N.S., 2023




     5. Hence, the instant writ petition has been filed along with the prayer

     as stated in aforesaid paragraphs.


     Submissions of Petitioner


     6. Learned counsel appearing on behalf of the petitioner submits that

     the allegations made in the FIRs are mala fide, vexatious and made

     with ulterior motive, just to harass the petitioner. He submits that

     perusal of all the above-said FIRs lodged against the petitioners, it can

     be seen that the allegations are exactly the same, though the FIRs

     have been filed by the different complainants/informants. He submits

     that the above-said fact clearly shows that all the FIRs have been filed
                                   10
                                                  CRLP No. - 10787 of 2026

with premeditated mind by the complainants in different police stations

only to harass the petitioner. He further submits that the filing of

multiple FIRs alleging the same allegations and offence in different

police stations or districts is a gross abuse of the process of law and

the same has been done only to harass the petitioner with ulterior

motive.


7. The case of all the informants is that they have invested the money

in the Company/Society i.e. LUCC and the money has been invested on

the request/inducement of the ordinary member of the Society. It is

submitted that all the persons who are making the complainants, were

also the members of the Society either they were ordinary members or

they were nominal/associate members. It is submitted that all the

complainants have deposited their money due to their own free will

and without any pressure or endorsement.


8. Learned counsel for the petitioner vehemently submitted that the

petitioner has no say working of the Society nor he was in the capacity

to manage the affairs of the Society. The affairs of the Society were

being managed by the duly elected Committee which constitutes of

Chairman, Vice-Chairman and Directors. The petitioner is only an

ordinary member and therefore, he could not be held vicariously liable

for the act of management/promoters of the Society. The petitioner is

at par with the complainant and he has been implicated in the present

case only for the reasons that some of the complainants have invested

their money with the Society after getting in touch with the petitioner.
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                                                  CRLP No. - 10787 of 2026

9. Though, learned counsel for the petitioner submitted that under the

provisions of Sections 154, 155, 156, 157, 162, 169, 170 and 173 of

the Cr.P.C. (Corresponding Sections 173, 174, 175, 176, 181, 189, 190

and 193 B.N.S.S.), only the earlier or the first information in regard to

the commission of a cognizable offence satisfies the requirements of

Section 154 Cr.P.C. Therefore, there cannot be a second F.I.R. and

consequently, there cannot be any fresh investigation on receipt of

every subsequent information in respect of the same cognizable

offence or the same occurrence or the same incidents giving rise to

one or more cognizable offences.


10. Learned counsel for the petitioner submits that it is trite law that

the right of the police to investigate into a cognizable offence is a

statutory right over which the Court does not possess any supervisory

jurisdiction under the Cr.P.C./B.N.S.S. The plenary power of the police

to investigate a cognizable offence is, however, not unlimited and the

same is subject to well-recognized limitations. He submits that where

the police transgresses its statutory power of investigation, the High

Court, under Section 482 Cr.P.C. or Article 226/227 of the Constitution

of India, can interdict the investigation to prevent abuse of the process

of any court or otherwise to secure the ends of justice.


11. It is submitted that subjecting an individual to numerous

proceedings arising in different police stations in different districts on

the basis of the same cause of action cannot be legally permissible. A

fresh investigation or a second FIR on the basis of the same or
                                      12
                                                    CRLP No. - 10787 of 2026

connected cognizable offence would constitute an abuse of the

statutory power of investigation and a gross misuse of the State

machinery.


12. Learned counsel for the petitioner submits that all the subsequent

FIRs registered relating to non-payment of deposits maturity amounts

be clubbed/consolidated, merged and proceeded with first FIR bearing

Case Crime No.612 of 2024, under Sections 111, 318, 61(2), 352 and

351(3) of B.N.S., Police Station – Kotwali Lalitpur, District Lalitpur by

treating the said FIR as the Principal FIR to the extent that relates to

the petitioner.


13. In support of his submissions, learned counsel has preferred the

following cases:-


(I)      T.T. Antony v. State of Kerala & others1

(II)     Babubhai v. State of Gujarat & others2

(III) Anju Chaudhary v. State of Uttar Pradesh & another3

(IV) Amit Katyal & another v. State of Haryana & another4

(V)      Pranab Jyoti Barman v. Union of India & others5

14. Learned counsel for the petitioner submitted that in view of
aforesaid arguments and submissions, the instant writ petition may be
allowed.



1     (2001) 6 SCC 181
2     (2010) 12 SCC 254
3     (2013) 6 SCC 384
4     2026 SCC OnLine SC 890
5     (2021) 4 GLR 43
                                    13
                                                   CRLP No. - 10787 of 2026

Submissions of Respondents

15. Per contra, learned A.G.A. for the State vehemently opposed the

instant writ petition and submitted that the prayer made in the writ

petition cannot be allowed due to the sole fact that all the FIRs have

been lodged by the different complainants, residing in different places

arising out of different cause of actions. He submits that though the

allegations are of similar nature, the parties are different and the

investigation are yet to be properly started in the aforesaid FIRs.

Learned A.G.A. for the State vehemently submitted that the Supreme

Court in several cases under Article 32 and Article 142 of the

Constitution of India allowed the clubbing of multiple FIRs, however, in

the instant case, the same cannot be done due to the distinguishing

factors in the above-said FIRs. He submits that in each case, the facts

and circumstances are different and taking account of this fact a

straight jacket formula for clubbing all multiple FIRs cannot be

adopted. He submits that where occurrence occurred at different times

involving different persons, with no commonality of purpose and

thereafter, emerged from different circumstances, they cannot be

termed as forming part of the same transaction or offence. Therefore,

different FIRs cannot be clubbed together. He further submits that

clubbing all the FIRs will cause a lot of difficulties to the complainants,

as they reside in different places and would have to travel to the place

where the first information report has been lodged to participate in the

trial, if it proceeds. It is submitted that it is settled law that the
                                   14
                                                 CRLP No. - 10787 of 2026

accused persons cannot be given the right to choose the place of his

trial.


16. In support of his submissions, learned A.G.A. has referred the

following cases:-


(I) Pramod Kumar Saxena v. Union of India & others6

(II) Anju Chaudhary v. State of Uttar Pradesh & another7

17. Learned A.G.A. for the State submitted and prayed that in view of

the above-said facts and submissions the instant writ petition is devoid

of merit and is to be dismissed.


Analysis and Conclusion


18. Heard learned counsel for the petitioner, learned A.G.A. for the

State at length and perused the material on records.


19. On perusal of the contents of the F.I.R. and comparing the

same with the subsequent FIRs, it can be seen that the

allegations in the FIRs are exactly the same. Therefore, it is

apparent that the allegations made in the above-said FIRs are the

same in nature and the accused persons named in the FIR were

working on the behest of the same company or same person. The

issues regarding filing of the first FIR and subsequent filing of the

second FIR has been dealt with by the Supreme Court in the case

of T.T. Antony (supra), wherein the Supreme Court discussed in

6   (2008) 9 SCC 685
7   (2013) 6 SCC 384
                                     15
                                                     CRLP No. - 10787 of 2026

details about the procedure of filing of first FIR and its

consequences. In this regard, the following observations of the

Supreme Court are extracted here-in-below:-


     “18. An information given under sub-section (1) of Section 154
     CrPC is commonly known as First Information Report (FIR) though
     this term is not used in the Code. It is a very important document.
     And as its nickname suggests, it is the earliest and the first
     information of a cognizable offence recorded by an officer in
     charge of a police station. It sets the criminal law in motion and
     marks the commencement of the investigation which ends up with
     the formation of opinion under Section 169 or 170 CrPC, as the
     case may be, and forwarding of a police report under Section 173
     CrPC. It is quite possible and it happens not infrequently that more
     information than one are given to a police officer in charge of a
     police station in respect of the same incident involving one or more
     than one cognizable offences. In such a case he need not enter
     every one of them in the station house diary and this is implied in
     Section 154 CrPC. Apart from a vague information by a phone call
     or a cryptic telegram, the information first entered in the station
     house diary, kept for this purpose, by a police officer in charge of a
     police station is the First Information Report -- FIR postulated by
     Section 154 CrPC. All other informations made orally or in writing
     after the commencement of the investigation into the cognizable
     offence disclosed from the facts mentioned in the First Information
     Report and entered in the station house diary by the police officer
     or such other cognizable offences as may come to his notice
     during the investigation, will be statements falling under Section
     162 CrPC. No such information/statement can properly be treated
     as an FIR and entered in the station house diary again, as it would
     in effect be a second FIR and same cannot be in conformity with
     the scheme of CrPC. Take a case where an FIR mentions
     cognizable offence under Section 307 or 326 IPC and the
     investigating agency learns during the investigation or receives
     fresh information that the victim died; no fresh FIR under Section
     302 IPC need be registered which will be irregular; in such a case
                                16
                                                CRLP No. - 10787 of 2026

alteration of provision of law in the first FIR is the proper course to
adopt. Let us consider a different situation in which H, having killed
W, his wife, informs the police that she is killed by unknown person
or knowing that W is killed by his mother or sister, H owns up the
responsibility and during the investigation the truth is detected; it
does not require filing of fresh FIR against H-- the real offender --
who can be arraigned in the report under Section 173(2) or 173(8)
Cr.P.C., as the case may be. It is of course permissible for the
investigating officer to send up a report to the Magistrate
concerned even earlier that investigation is being directed against
the person suspected to be the accused.

19. The scheme of CrPC is that an officer in charge of a police
station has to commence investigation as provided in Section 156
or 157 CrPC on the basis of entry of the first information report, on
coming to know of the commission of a cognizable offence. On
completion of investigation and on the basis of the evidence
collected, he has to form an opinion under Section 169 or 170
CrPC, as the case may be, and forward his report to the Magistrate
concerned under Section 173(2) CrPC. However, even after filing
such a report, if he comes into possession of further information or
material, he need not register a fresh FIR; he is empowered to
make further investigation, normally with the leave of the court, and
where during further investigation he collects further evidence, oral
or documentary, he is obliged to forward the same with one or
more further reports; this is the import of sub-section (8) of Section
173 CrPC.

20. From the above discussion it follows that under the scheme of
the provisions of Sections 154, 155, 156, 157, 162, 169, 170 and
173 CrPC only the earliest or the first information in regard to the
commission of a cognizable offence satisfies the requirements of
Section 154 CrPC. Thus there can be no second FIR and
consequently there can be no fresh investigation on receipt of
every subsequent information in respect of the same cognizable
offence or the same occurrence or incident giving rise to one or
more cognizable offences. On receipt of information about a
cognizable offence or an incident giving rise to a cognizable
                                     17
                                                     CRLP No. - 10787 of 2026

     offence or offences and on entering the FIR in the station house
     diary, the officer in charge of a police station has to investigate not
     merely the cognizable offence reported in the FIR but also other
     connected offences found to have been committed in the course of
     the same transaction or the same occurrence and file one or more
     reports as provided in Section 173 CrPC."

20. In the above-said case of T.T. Antony (supra), the Supreme

Court has also discussed the right of police to investigate into

cognizable offence, which is statutory right over which the Court

does not possess any supervisory jurisdiction under the Cr.P.C.

However, it is mentioned that the plenary power of the police to

investigate a cognizable offence is not unlimited and the same is

subjected to certain well-recognized limitations. It is also

mentioned that where the police transgresses its statutory power

of investigation, the High Court under Article 226/227 of the

Constitution of India or Section 482 Cr.P.C. (528 B.N.S.S.) in an

appropriate case, can interdict the investigation to prevent the

abuse of process of any Court or otherwise to secure the ends of

justice. The Supreme Court in the above-said case, in respect of

the successive FIRs has observed as follows:-

     “27. A just balance between the fundamental rights of the
     citizens under Articles 19 and 21 of the Constitution and
     the expansive power of the police to investigate a
     cognizable offence has to be struck by the court. There
     cannot be any controversy that sub-section (8) of Section
     173 CrPC empowers the police to make further
     investigation, obtain further evidence (both oral and
     documentary) and forward a further report or reports to
     the Magistrate. In Narang case it was, however,
     observed that it would be appropriate to conduct further
     investigation with the permission of the court. However,
                                18
                                             CRLP No. - 10787 of 2026

     the sweeping power of investigation does not warrant
     subjecting a citizen each time to fresh investigation by
     the W.P.(Crl.)/43/2022 Page 17 of 25 police in respect of
     the same incident, giving rise to one or more cognizable
     offences, consequent upon filing of successive FIRs
     whether before or after filing the final report under
     Section 173(2) CrPC. It would clearly be beyond the
     purview of Sections 154 and 156 CrPC, nay, a case of
     abuse of the statutory power of investigation in a given
     case. In our view a case of fresh investigation based on
     the second or successive FIRs, not being a counter-
     case, filed in connection with the same or connected
     cognizable offence alleged to have been committed in
     the course of the same transaction and in respect of
     which pursuant to the first FIR either investigation is
     under way or final report under Section 173(2) has been
     forwarded to the Magistrate, may be a fit case for
     exercise of power under Section 482 CrPC or under
     Articles 226/227 of the Constitution.”

21. From the above observations of the Supreme Court, it is

discernible that on the same facts and same allegations, two FIRs

cannot coexist. In that event, coexisting being clearly beyond the

purview of Sections 154 and 156 of CrPC. It is also discernible

from the aforesaid observation that fresh investigation based

upon the second or successive FIRs, not being a counter case

filed in connection with the same or connected cognizable offence

alleged to have been committed in the course of the same

transaction, then the subsequent FIR may be an abuse of power

and in that event, the same shall be a fit case for exercise of

power under Articles 226/227 of the Constitution.


22. Following the same principles of law, the Supreme Court in

the case of Babubhai (supra) has observed as follows:-
                                19
                                             CRLP No. - 10787 of 2026

     “20. Thus, in view of the above, the law on the subject
     emerges to the effect that an FIR under Section 154
     CrPC is a very important document. It is the first
     information of a cognizable offence recorded by the
     officer in charge of the police station. It sets the W.P.
     (Crl.)/43/2022 Page 18 of 25 machinery of criminal law
     in motion and marks the commencement of the
     investigation which ends with the formation of an
     opinion under Section 169 or 170 CrPC, as the case may
     be, and forwarding of a police report under Section 173
     CrPC. Thus, it is quite possible that more than one piece
     of information be given to the police officer in charge of
     the police station in respect of the same incident
     involving one or more than one cognizable offences. In
     such a case he need not enter each piece of information
     in the diary. All other information given orally or in
     writing after the commencement of the investigation
     into the facts mentioned in the first information report
     will be statements falling under Section 162 CrPC.”

     21. In such a case, the court has to examine the facts
     and circumstances giving rise to both the FIRs and the
     test of sameness is to be applied to find out whether
     both the FIRs relate to the same incident in respect of
     the same occurrence or are in regard to incidents which
     are two or more parts of the same transaction. If the
     answer is in affirmative, the second FIR is liable to be
     quashed. However, in case the contrary is proved, where
     the version in the second FIR is different and they are in
     respect of two different incidents/ crimes, the second
     FIR is permissible. In case in respect of the same
     incident the accused in the first FIR comes forward with
     a different version or counter claim, investigation on
     both the FIRs has to be conducted.”

23. In the case of Anju Chaudhary (supra), the Supreme Court

reiterated that there cannot ordinarily be more than one FIR in

respect of the same incident, as the registration of second FIR for
                                   20
                                                 CRLP No. - 10787 of 2026

the same offence would offend the principles of fair investigation

and may result in abuse of the investigation process. At the same

time, it was clarified that where the subsequent incident is distinct

or falls outside the ambit of the earlier FIR, registration of a

second FIR would not be barred. The relevant observations are

reproduced below:-


      “14. On the plain construction of the language and scheme of
      Sections 154, 156 and 190 of the Code, it cannot be
      construed or suggested that there can be more than one FIR
      about an occurrence. However, the opening words of Section
      154 suggest that every information relating to commission of
      a cognizable offence shall be reduced into writing by the
      officer-in-charge of a police station. This implies that there
      has to be the first information report about an incident which
      constitutes a cognizable offence. The purpose of registering
      an FIR is to set the machinery of criminal investigation into
      motion, which culminates with filing of the police report in
      terms of Section 173(2) of the Code. It will, thus, be
      appropriate to follow the settled principle that there cannot
      be two FIRs registered for the same offence. However, where
      the incident is separate; offences are similar or different, or
      even where the subsequent crime is of such magnitude that it
      does not fall within the ambit and scope of the FIR recorded
      first, then a second FIR could be registered. The most
      important aspect is to examine the inbuilt safeguards
      provided by the legislature in the very language of Section
      154 of the Code. These safeguards can be safely deduced
      from the principle akin to double jeopardy, rule of fair
      investigation and further to prevent abuse of power by the
      investigating authority of the police. Therefore, second FIR
      for the same incident cannot be registered. Of course, the
      investigating agency has no determinative right. It is only a
      right to investigate in accordance with the provisions of the
      Code. The filing of report upon completion of investigation,
      either for cancellation or alleging commission of an offence, is
      a matter which once filed before the court of competent
      jurisdiction attains a kind of finality as far as police is
                             21
                                           CRLP No. - 10787 of 2026

concerned, may be in a given case, subject to the right of
further investigation but wherever the investigation has been
completed and a person is found to be prima facie guilty of
committing an offence or otherwise, re-examination by the
investigating agency on its own should not be permitted
merely by registering another FIR with regard to the same
offence. If such protection is not given to a suspect, then
possibility of abuse of investigating powers by the police
cannot be ruled out. It is with this intention in mind that such
interpretation should be given to Section 154 of the Code, as
it would not only further the object of law but even that of
just and fair investigation. More so, in the backdrop of the
settled canons of criminal jurisprudence, reinvestigation or de
novo investigation is beyond the competence of not only the
investigating agency but even that of the learned Magistrate.
The courts have taken this view primarily for the reason that
it would be opposed to the scheme of the Code and more
particularly Section 167(2) of the Code. (Ref. Reeta Nag v.
State of W.B. [(2009) 9 SCC 129 : (2009) 3 SCC (Cri) 1051]
and Vinay Tyagi v. Irshad Ali [(2013) 5 SCC 762] of the same
date.)

                             xxx

25. The first information report is a very important document,
besides that it sets the machinery of criminal law in motion. It
is a very material document on which the entire case of the
prosecution is built. Upon registration of FIR, beginning of
investigation in a case, collection of evidence during
investigation and formation of the final opinion is the
sequence which results in filing of a report under Section 173
of the Code. The possibility that more than one piece of
information is given to the police officer in charge of a police
station, in respect of the same incident involving one or more
than one cognizable offences, cannot be ruled out. Other
materials and information given to or received otherwise by
the investigating officer would be statements covered under
Section 162 of the Code. The court in order to examine the
impact of one or more FIRs has to rationalise the facts and
circumstances of each case and then apply the test of
sameness to find out whether both FIRs relate to the same
incident and to the same occurrence, are in regard to
incidents which are two or more parts of the same
                                   22
                                                 CRLP No. - 10787 of 2026

      transaction or relate completely to two distinct occurrences. If
      the answer falls in the first category, the second FIR may be
      liable to be quashed. However, in case the contrary is proved,
      whether the version of the second FIR is different and they
      are in respect of two different incidents/crimes, the second
      FIR is permissible, This is the view expressed by this Court in
      the case of Babubhai v. State of Gujarat. This judgment
      clearly spells out the distinction between two FIRs relating to
      the same incident and two FIRs relating to different incident
      or occurrences of the same incident etc.”

24. A conjoint reading of the aforesaid decisions leaves little room for

doubt that there is no absolute prohibition against the registration of a

second FIR. Equally, it is well-settled that a successive FIR cannot be

sustained where it relates to the same transaction or the same

incident. The guiding test is not only as to whether the alleged

offences are similar or whether they took place within the jurisdiction

of different police stations, but as to whether the subsequent FIR

pertains to a distinct incident or whether both FIRs form part of one

continuous or same transaction. It is this “test of sameness” which has

been applied to the facts of the present case.


25. In order to determine whether the impugned FIRs arise out of

single or continuous transaction, or relate to separate and distinct

incidents, it is first necessary to examine the allegations contained in

each of the FIRs. In the opinion of this Court, a comparative reading of

the allegations, the time and place of the alleged incidents, the nature

of the acts attributed to the petitioners, and the sequence in which the

events are stated to have unfolded would be necessary for applying

the “test of sameness” laid down by the Supreme Court.
                                     23
                                                    CRLP No. - 10787 of 2026

26. We have perused the chart which is placed in the foregoing

paragraphs. We found the contents of the FIRs are same in nature.

The foundation of all the FIR is also one.


27. The Supreme Court in the case of Babubhai (supra) has held that

while examining the validity of successive FIRs, the Court is required to

apply the ‘test of sameness’ to determine whether the FIRs relate to

the same transaction or to distinct incidents.


28. Applying the said principles to the facts of the present case, and on

a comparative reading of the FIRs, this Court finds as follows:-


(i) Unity of incident – The foundation of all the FIRs is one

(ii) Continuity of action – The allegations in all the FIRs disclosed,
prima facie indicates continuity of the same incident then separate
incidents.

(iii) Proximity of time and place – The FIR relates to the incident.

(iv) Nature of allegations/offence – After perusal of FIR, we find that
the allegations leveled in all the FIRs are identical.

(v) Similar accused persons – After perusal of FIR,        the allegations
made in FIRs are the same in nature and the accused persons
named in the FIR were working on the behest of the same
company or same person.

29. From the above-said factual matrix, it is evident that the distinct

features sought to be pointed out by the State are confined primarily

to the fact that the incident has took place at the different point of

time in the jurisdiction of different police stations and therefore, the
                                    24
                                                  CRLP No. - 10787 of 2026

FIRs were registered at different police stations. In the opinion of this

Court, these circumstances, by themselves, do not alter the character

of the alleged incident in question, when the prosecution itself alleges

that all the FIRs arise from one continuing incident on the same day,

by the accused persons. In the considered opinion of this Court, the

facts of the present case satisfy the ‘test of sameness’ as there is unity

of purpose and design, proximity of time and place and continuity of

action.


30. In the case of State (NCT Delhi) Vs. Khimji Bhai Jadeja reported in

2026 SCC Online SC 19, while dealing with the issue of clubbing of

several FIRs into a single FIR, the Supreme Court has held as follows:-


      "9. The issue, therefore, boils down to whether or not the
      offenses allegedly committed against the 1,852 complainants
      were part of the 'same transaction'. We may first note the
      case law that has developed over time on the issue of
      consolidation of FIRs. In S. Swamirathnam v. State of Madras,
      a three-Judge Bench of this Court rejected the contention of
      the accused that there was misjoinder of charges as several
      conspiracies, distinct from each other, had been lumped
      together and tried at one trial. The Bench observed that the
      charges, as framed, disclosed one single conspiracy spread
      over several years and the only object of the conspiracy was
      to cheat members of the public. Per the Bench, the mere fact
      that others joined in the conspiracy in the course of those
      years or the fact that several incidents of cheating took place
      pursuant to the conspiracy did not change the conspiracy or
      split it up into several conspiracies. It was held that the
      instances of cheating were in pursuance of one conspiracy
      and were, therefore, parts of the same transaction.”

31. From the above-said observations, it is clear that every case will

have different facts and that has to be seen in terms of the principles

laid down by the Supreme Court as to whether that passes the test of
                                   25
                                                  CRLP No. - 10787 of 2026

‘same transaction’ or ‘sameness’ as discussed above. In the instant

case as discussed above to ‘test of sameness’ has already been

passed.


32. In this connection, the case of Amit Katyal & another (supra) can

also be referred to, wherein the Supreme Court has observed that

permitting multiple FIRs and investigations in different jurisdictions on

the same set of facts would not only be contrary to the settled legal

position, but would also result in avoidable multiplicity of proceedings,

conflicting findings and serious prejudice to the petitioners. It was also

observed that consolidation of such FIRs at one place would subserve

the ends of justice by ensuring a coordinated, effective, and complete

investigation, which also safeguards the right of the petitioners to

mount an effective and meaningful defense in a single proceeding.


33. From the above discussions on the principles of law laid down by

the Supreme Court in various cases, it is discernible that in appropriate

cases, multiple FIRs can be allowed to be clubbed together and for

that purpose, the first FIR can be treated as the primary FIR and other

FIRs can be treated as statements under Section 161 of CrPC (180

BNSS). However, there is no straitjacket formula for doing so and the

allegations in the FIRs as well as other factors like modus operandi,

number of transactions, parties to the offense and whether the cause

of action is same, are relevant factors. The test of sameness and one

transaction are relevant criteria for treating the subsequent FIR as a

second FIR, which is not permitted under the law. Where several
                                  26
                                               CRLP No. - 10787 of 2026

offenses are part of the same transaction, the test of sameness has to

be applied to find out whether they are so related to one another on

the point of purpose or cause and effect, so as to result in one

continuous action.


34. In the instant case, the allegations made by different

complainants in all the FIRs are exactly the same. T he allegations

made in FIRs are the same in nature and the accused persons

named in the FIR were working on the behest of the same

company or same person, therefore, on perusal of all the FIRs

this Court does not find any difference or distinguishable fact in

above-said all the FIRs.


35. Taking into account the principles as discussed above in

foregoing paragraphs, this Court is of the considered opinion that

the allegations narrated in all the FIRs are same, though filed in

different places.


36. In view of the above-said facts, this Court is of the opinion

that allowing all the FIRs to independently go ahead will be an

abuse of the process of law. It will also be contrary to the settled

legal position, which will result in much avoidable multiplicity of

proceedings, conflicting findings and serious prejudice to the

petitioner in the instant case. Therefore, this Court is of the

considered view that the first FIR i.e. F.I.R. dated 18.07.2024,
                                  27
                                                CRLP No. - 10787 of 2026

Case Crime No. 612 of 2024, under Sections 111, 318, 61(2) 352

and 351 (3) of B.N.S., Police Station-Kotwali Lalitpur, District-

Lalitpur is directed to be treated as the Principal FIR and all

subsequent FIRs and further proceedings arising therefrom shall

be clubbed with the Principal FIR i.e. Case Crime No. 612 of 2024

and their contents shall be treated as statements under Section

161 of the CrPC (180 BNSS).


37. It is accordingly, directed that all subsequent FIRs shall be

forthwith transferred to the police station where the Principal FIR

is lodged i.e. Police Station - Kotwali Lalitpur, District-Lalitpur,

provided that charge-sheet has not been submitted before the

Court concerned, so that the investigation in the principal FIR can

proceed without any delay.


38. In case, cognizance has already been taken by any Court in

any    subsequent     FIR/criminal     cases,   shall    also      stand

transferred/clubbed with the principal FIR such cases shall be

tried by the Court having jurisdiction to try the principal FIR.


39. With the aforesaid observations and directions, the instant

writ petition stands disposed off.


40. Before parting with the judgment, I would like to express my

appreciation to my Research Associate, Mr. Md. Saif Ali Khan for
                                                           28
                                                                       CRLP No. - 10787 of 2026

                            his thorough research and assistance to the Court in the instant

                            case.



                                               (Tarun Saxena,J.)    (Chandra Dhari Singh,J.)

                            September 23, 2026
                            Atul




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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