Maintainability of second criminal complaint on same cause of action
Jaigopal Soni
(Querist) 23 May 2017
This query is : Resolved
I filed a criminal complain before First Class Magistrate under section 19(b) of Environment Protection Act after giving notice of 60 days to concern authorities in prescribed format.A govt Company officers were made party accused in complaint.Which was dismissed by learned Magistrate on the ground that National Green Tribunal has taken cognizance of the matter. I challenged the same before Hon'ble High Court under section 482 which was dismissed by Hon'ble High Court stating that responsible officers of the company may not be prosecuted without making company a party in proceedings. May a second criminal complaint be filed before First Class Magistrate making company a party because previous complaint was dismissed on default and court has not taken cognizance on merit.
Hemant Agarwal
(Expert) 24 May 2017
1. Based on the order of the HC, you may file a fresh complaint before the concerned Magistrate, by pleading all the relevant parties.
2. HOWEVER, "IF" one proceedings is on before NGT on the very same issue, THEN the same cannot be filed "again" in any court, since multiple prosecution for the very same offense is not permitable.
Keep Smiling .... Hemant Agarwal
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Jaigopal Soni
(Querist) 24 May 2017
Sir proceedings before National Green Tribunal is only for civil relief and criminal proceedings are dealt only by Magistrates. There is no bar to file petition for criminal proceedings when civil proceedings are in its own way. Please elaborate why criminal proceedings not allowed if Green Tribunal is pending for civil relief.
Jaigopal Soni
(Querist) 24 May 2017
Sir proceedings before National Green Tribunal is only for civil relief and criminal proceedings are dealt only by Magistrates. There is no bar to file petition for criminal proceedings when civil proceedings are in its own way. Please elaborate why criminal proceedings not allowed if Green Tribunal is pending for civil relief. Green Tribunal has no power to punish violators.
