"However, the sweeping power of investigation does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIRs whether before or after filing the final report"
Notice the use of "same incident" here, and note that within Antony, the phrase "same offence" finds no mention at all. The potential width of same incident versus same offence is worth pointing out, as while an incident can contain many potential offences, the offence itself is a much narrower formulation. This is evidently a double-edged sword which could frustrate more serious investigations from taking place where a lousy first FIR gets registered for an incident. Over time, the law on this position has been repeatedly clarified to prevent such situations. Thus, within Antony itself, an exception was carved out for what are called "cross-cases" arising from this same incident, i.e. cases depicting the conflicting versions of two sides to a dispute. Then in Upkar Singh [(2004) 13 SCC 292] it was clarified that a second FIR for other offences in the same transaction is not always barred when new facts come to light. A decade later in Anju Chaudhary [(2013) 6 SCC 384] and Amitbhai Shah [(2013) 6 SCC 348], different benches of the Court re-iterated the narrowness of the Second FIR logic, and in Anju Chaudhary it was stated that:
"It will, thus, be appropriate to follow the settled principle that there cannot be two FIRs registered for the same offence. However, where the incident is separate; offences are similar or different, or even where the subsequent crime is of such magnitude that it does not fall within the ambit and scope of the FIR recorded first, then a second FIR could be registered."