Ranimol vs State of Kerala - CrPC/BNSS - Second Complaint After Negative Report

Code of Criminal Procedure 1973 - Section 200 - In this case, a detailed investigation has been conducted, and a negative report has been filed. Informant has not challenged the said negative report- SC held: By merely adding an offence for the same occurrence, and by the same informant, a second complaint through the invocation of Section 200 of the Code is certainly not maintainable- Quoted from : the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint- The prohibition does not cover the allegations made by the accused in the first FIR alleging a different version of the same incident. Thus, rival versions in respect of the same incident do take different shapes, and in that event, the lodgment of two FIRs is permissible.