Emergence of Broader Conspiracy as a Basis for Second FIR: Supreme Court Clarifies Legal Standards

1. Introduction

In the landmark judgment of State of Rajasthan v. Surendra Singh Rathore (2025 INSC 248), the Supreme Court of India extensively reviewed the permissible contours of registering a second First Information Report (FIR). The case arose out of two FIRs filed against the same public official under the Prevention of Corruption (Amendment) Act, 2018 and associated provisions of the Indian Penal Code, 1860. The High Court of Judicature for Rajasthan had quashed the second FIR on the ground that it was allegedly related to the same transaction as the first. However, the Supreme Court reversed this decision, holding that where hitherto unknown facts or a larger conspiracy come to light, a subsequent FIR may rightly be registered and investigated.

The key question before the Court was whether the second FIR was merely repetitive of the first — and thus impermissible — or whether it was substantively different because it uncovered a broader network of corruption. This commentary delves into the background of the case, the Court’s reasoning, and the far-reaching consequences of its clarifications.

2. Summary of the Judgment

The State of Rajasthan appealed against a High Court order quashing the second FIR. The Supreme Court examined the circumstances and found that the second FIR alleged far more extensive wrongdoing than the first FIR. The earlier FIR (No. 123 of 2022) was specific to an alleged bribe demand on a particular date from specific individuals. By contrast, the second FIR (No. 131 of 2022) pointed to a wider conspiracy and possible systematic corruption with multiple facilitators, thus broadening the investigatory scope.

After reviewing established precedents on the permissibility of second FIRs, the Supreme Court concluded that the High Court erred in quashing the second FIR. The Court held that the second FIR could not be regarded as the “same incident” under the “test of sameness,” because it originated from new information pertaining to corrupt activities over a longer period and involving additional parties and allegations. Consequently, the Supreme Court set aside the High Court’s judgment, restored the second FIR, and directed prompt completion of the investigation.

3. Analysis

a) Precedents Cited

The Court relied on a series of earlier rulings on whether multiple FIRs could be maintained in connection with the same or connected incidents:

• T.T. Antony v. State of Kerala (2001) 6 SCC 181: Foundational case establishing that, generally, a second FIR is not permissible if it concerns the same incident. However, the Supreme Court here recognized that subsequent discovery of new facts might still justify additional investigation.
• Anju Chaudhary v. State of U.P. (2013) 6 SCC 384: Clarified that although more than one FIR ordinarily should not be registered in respect of the same cause of action, a second FIR is permissible where there is a difference in the “incident” or an inclusion of hitherto unknown facts.
• Kari Choudhary v. Sita Devi (2002) 1 SCC 714: Held that two FIRs could stand if they relate to rival versions or distinct aspects of the same episode.
• Upkar Singh v. Ved Prakash (2004) 13 SCC 292: Affirmed that a genuine counter-complaint or an FIR uncovering a larger conspiracy could be validly registered as a second FIR.
• Babubhai v. State Of Gujarat (2010) 12 SCC 254: Stated the “test of sameness” framework, which requires inquiry into whether the incident(s) are indeed identical or form part of a single unlawful transaction.
• Nirmal Singh Kahlon v. State of Punjab (2009) 1 SCC 441: Recognized that new discoveries regarding conspiracy or other substantial facts justify registration of a fresh FIR, if the new scope reaches beyond the earlier FIR’s limited ambit.

These decisions collectively shaped the Supreme Court’s assessment of whether the second FIR was valid in the State of Rajasthan v. Surendra Singh Rathore matter.

b) Legal Reasoning

The Supreme Court’s legal reasoning pivoted on whether the records of the second FIR revealed a new or larger factual matrix. The High Court had taken the view that both FIRs captured essentially the same alleged misconduct: a government official demanding bribes from specific complainants. Therefore, the High Court considered the second FIR as superfluous — a matter that should have been covered under further investigation of the first FIR.

The Supreme Court disagreed, emphasizing that the second FIR provided details about a “larger conspiracy” involving additional individuals, more extensive corruption, and different timeframes. It was not merely the same transaction repeated. Rather, it encompassed multiple instances of alleged bribery with various middlemen facilitating unlawful gains for multiple licensees. Because of these additional allegations and previously unknown scope, the second FIR did not violate the “test of sameness.”

Furthermore, the Court underscored that quashing the second FIR would effectively prevent law enforcement from conducting a full investigation into widespread corruption. The interests of justice and the public interest in rooting out corruption necessitated allowing the second FIR to stand. By restoring the second FIR, the Supreme Court sought to ensure a thorough probe and guard against misuse.

c) Impact

The judgment holds significant implications for future cases, particularly in corruption or conspiracy investigations:

1. Wider Investigatory Reach: Agencies can register a second FIR when substantial new information surfaces, unraveling an expanded web of wrongdoing. This extends the investigative horizon when earlier probes only scratched the surface.
2. Safeguards Against Double Jeopardy Concerns: The Court’s ruling continues to uphold the principle that an accused should not be re-investigated for exactly the same incident. Instead, it delineates permissible bounds where truly distinct or broader aspects come to light.
3. Significance for Anti-Corruption Efforts: Cases involving complex bribery networks often hinge on the discovery of additional players and transactions. The judgment reiterates that newly uncovered details may warrant fresh registration and repeated investigative processes, reinforcing checks on deep-rooted corruption.

4. Complex Concepts Simplified

• Test of Sameness: This test probes whether the second FIR revolves around the same “transaction” as the first. If the alleged facts, timeframe, and persons are the same, an additional FIR typically violates due process. However, if the second FIR delves into hitherto unknown extensions of the crime — new participants, different timelines — it survives the test of sameness.
• Counter-Complaint: When the accused in the first FIR or another party files a complaint presenting a contrary version of events, it may constitute a counter-complaint. Courts allow valid counter-complaints to be registered as second FIRs to ensure each party’s side is investigated.
• Fresh Investigation: Under Section 173(8) of the Code of Criminal Procedure, 1973, police have the power to investigate further even after submission of a final report. If new evidence or a separate conspiracy outside the scope of the first FIR surfaces, a separate FIR may be registered in line with the Supreme Court’s rulings.
• Nipping the Investigation in the Bud: A phrase used by the Court to explain that quashing an FIR at an early stage extinguishes any further probe into serious allegations, in turn undermining society’s larger interest in punishing wrongdoing.

5. Conclusion

State of Rajasthan v. Surendra Singh Rathore (2025 INSC 248) reinforces and refines the jurisprudence around multiple FIRs. The Supreme Court’s ruling affirms that while repetitive FIRs on the same transactions can be improper, a second FIR unveiling a broader network or new dimensions of the alleged crime is permissible. By setting aside the High Court’s order, the Court facilitated continued inquiry into the deeper contours of alleged corruption, thus bolstering the fight against public office malfeasance.

In practical terms, the decision dispels fears of indefinite cross-FIRs by emphasizing the need for truly fresh, distinct allegations. At the same time, it ensures that law enforcement is not stifled when genuine revelations of larger conspiracies or more extensive wrongdoing emerge post-registration of an initial FIR. In the broader legal context, the judgment stands as a testament to the Court’s commitment to balancing the rule of law, equitable investigations, and the imperative to unearth corruption in its entirety.