Karnataka High Court Quashes Second FIR Against BJP MLA Basanagouda Patil Over Speech About Prophet Muhammad

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Published 27 October 2026

Bottom Line Up Front (BLUF)

In Basanagouda Patil v. State of Karnataka, 2024 LiveLaw (Kar) 234, the Karnataka High Court, on June 3, 2024, quashed a second FIR against BJP MLA Basanagouda Patil for a speech concerning Prophet Muhammad, holding it was a second FIR for the same incident, which is impermissible under Section 162 of the CrPC and Section 173(2) of the CrPC.

Ratio Decidendi · Legal Principle Established

A second First Information Report (FIR) cannot be registered for the same incident or occurrence, as it amounts to a second investigation into the same offence, which is impermissible under the Code of Criminal Procedure. Only a single FIR can be registered for a single incident.

Practice & Procedural Impact for Advocates

Advocates should challenge subsequent FIRs filed for the same incident by arguing the principle of 'no second FIR' under CrPC/BNSS. Litigants facing multiple FIRs for a single event can seek quashing of subsequent FIRs. Counsel must confirm whether CrPC or BNSS applies based on the proceeding's initiation date.

Key Legal Takeaways

1A second FIR for the same incident is not permissible.
2The police cannot conduct a second investigation into the same offence.
3The principle of 'no second FIR' prevents harassment and abuse of process.

The Legal Issue BJP MLA Basanagouda Patil delivered a speech on January 29, 2024, in Vijayapura, which led to the registration of an FIR under Sections 153A and 295A of the Indian Penal Code, 1860 (IPC). Subsequently, a second FIR was registered at another police station based on the same speech. Patil challenged the second FIR, arguing that it constituted a second investigation into the same incident, which is legally impermissible.

Court's Reasoning Justice M. Nagaprasanna of the Karnataka High Court, in Basanagouda Patil v. State of Karnataka, 2024 LiveLaw (Kar) 234, held that a second FIR for the same incident is not permissible. The Court relied on the principle that there can only be one FIR for a single incident, and a second FIR would amount to a second investigation into the same offence. The Court noted that the police are empowered to conduct further investigation under Section 173(8) of the CrPC (or Section 209(8) of the BNSS) if new facts emerge, but not to register a fresh FIR for the same occurrence. The Court cited the Supreme Court's ruling in T.T. Antony v. State of Kerala, which established that there cannot be two FIRs for the same incident. The Court found that the second FIR was an abuse of the process of law.

What Follows The Karnataka High Court quashed the second FIR registered against Basanagouda Patil. The investigation initiated pursuant to the first FIR will continue. Counsel should confirm whether Section 162 and Section 173(2) of the CrPC or Section 198 and Section 209(2) of the BNSS apply, depending on when the proceedings were initiated.