I am already facing trial for an act and the Kolkata Police have now registered a fresh FIR for the same incident with slightly different allegations. Can the police register a second FIR for the same transaction or set of facts for which I am already being tried?
If you are already facing trial in Kolkata for a particular incident and discover that police have registered a fresh FIR relating to what appears to be the same act, this raises a legitimate concern about double jeopardy and abuse of process that you can challenge. The general principle under Article 20(2) of the Constitution and Section 300 CrPC (now the corresponding BNSS provision) is that a person cannot be prosecuted and punished twice for the same offence arising from the same set of facts, and registering a second FIR covering identical allegations that are already the subject of an ongoing trial is generally not permissible.
However, this protection applies specifically where the second FIR relates to the exact same offence and the same core facts, not merely overlapping circumstances; if the fresh FIR alleges a genuinely distinct offence, even if it arises from a related sequence of events, or involves new facts that emerged after the original FIR was registered, police may be within their rights to investigate and register it separately. Courts examine the two FIRs closely to determine whether there is a real overlap in the essential ingredients of the offences alleged, rather than simply looking at whether the same parties or general incident are involved.
If you believe the second FIR in your Kolkata case is essentially a duplicate of what is already being tried, your advocate can move a petition before the Calcutta High Court under Section 482 CrPC (now BNSS Section 528) seeking quashing of the second FIR on grounds of it being barred, vexatious, or an abuse of the legal process, particularly if it appears to be a tactic to harass you with parallel proceedings over the same conduct.
Because determining whether a second FIR is genuinely duplicative requires careful comparison of both sets of allegations, this needs prompt legal review rather than assuming the matter will resolve itself. Aapka Legal Advice can help assess whether the fresh FIR against you qualifies for quashing on these grounds.
If a fresh FIR has been registered against you in Kolkata for conduct already under trial, act on this quickly. Speak with experienced criminal lawyers in Kolkata about challenging the second FIR before it causes further complications.