The Supreme Court’s ruling in State of Rajasthan v. Surendra Singh Rathore (2025 INSC 248) provides much-needed clarity on the circumstances under which a second FIR can be maintained. By holding that a second FIR is justified in cases involving counter-complaints, distinct scopes, broader conspiracies, or newly emerged facts, the Court has reinforced the principle that justice should not be hindered by rigid procedural limitations. By overturning the Rajasthan High Court’s decision, the Apex Court has reaffirmed that quashing a second FIR solely due to the absence of prior court approval is an incorrect approach. Instead, courts must assess the maintainability of each FIR on a case-by-case basis, ensuring procedural fairness and a comprehensive investigation. This ruling will likely serve as a guiding precedent in future cases involving multiple FIRs arising from the same or related incidents.
