Larger Conspiracy Uncovered During Probe Justifies Registration Of Second FIR: Rajasthan High Court

The Rajasthan High Court has held that merely because the material leading to registration of a subsequent FIR surfaced during the investigation of an earlier FIR, the later FIR does not become impermissible. [2026 LiveLaw (Raj) 308]While dismissing a quashing petition, Justice Baljinder Singh Sandhu observed that where subsequent information discloses a distinct incident, a separate criminal activity, or a larger conspiracy that does not form part of the same transaction, registration of a second FIR is legally permissible.For context, the Court was hearing a quashing petition on the ground that the FIR was in relation to the very same transaction for which an earlier FIR was already registered under Section 420, IPC, putting forth substantially the very same allegations. On the contrary, it was the case of the State that the earlier FIR was based on a private complainant who alleged that he was cheated of a substantial amount of money. However, during the investigation of this earlier FIR, certain material was discovered from the premises of the petitioner that revealed allegations that far exceeded the individual transaction forming subject matter of earlier FIR. The State argued that the material indicated petitioner's involved in organised cyber-fraud activities.“The material collected during investigation prima facie reveals that the petitioners were allegedly engaged in Forex trading through their company, Cappamorfex. It is alleged that persons were induced to invest substantial amounts on the representations that such investments would yield high returns and substantial profits. The amounts so received were allegedly routed through different fake firms and bank accounts and thereafter withdrawn. The investigation further indicates allegations relating to transactions in virtual currency/USDT.”After hearing the contentions, the Court referred to certain Supreme Court decisions, and concluded that where the subsequent information disclosed a distinct incident or criminal activity, the scope and ambit of the two FIRs was different, or the subsequent FIR revealed a larger conspiracy, registration of second FIR was legally permissible. In this background, the Court highlighted that in the present matter the nature and scope of the allegations that were subject matter of present FIR were prima facie materially wider and different from the individual transaction which formed the basis of earlier FIR. Hence, it could not be held that both FIRs related to same transaction to render the present FIR impermissible.The Court further rejected the argument that since the earlier FIR related to 2023 and the present FIR had arisen out of investigation of earlier FIR, provisions of BNS could not be invoked. It held that merely because such material was revealed during investigation of earlier FIR, it would not made the provisions of BNS inapplicable. “The applicability of the BNS would depend upon when the acts constituting the offences alleged in the present FIR were committed. The same can be determined on the basis of the material collected during investigation. Thus, at this stage the present FIR cannot be quashed merely on the ground that the earlier FIR related to a transaction of the year 2023.”Accordingly, the petition was dismissed. Title: Ajay Arya & Ors. v State of Rajasthan & Anr., and other connected petitions Citation: 2026 LiveLaw (Raj) 308Click Here To Read/Download Order

Larger Conspiracy Uncovered During Probe Justifies Registration Of Second FIR: Rajasthan High Court

Nupur Agrawal

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Larger Conspiracy Uncovered During Probe Justifies Registration Of Second FIR: Rajasthan High Court

Nupur Agrawal

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