Two criminal cases for the same offence


Hi Seniors,

Can anyone file two criminal cases for the same offence and same cause of action ? asking for the same relief? in the same court?

 

Regards,

 
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Advocate&consultant

NO, CAN NOT BE FILED

SRISHAILA,ADVOCATE,BANGALORE,9741425514,sdharani120@gmail.com

 
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Advocate

Two criminal cases cannot be filed for same offence or same cause of action. In the case of T.T. Antony  v.  State of Kerala ,  (2001) 6 SCC 181 :  AIR 2001 SC 2637, Supreme Court has held that two FIRs cannot be filed in the same occurence.

 
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Dy Director

you query is vague and devoid of facts and right advise cannot be expected.  Same set of events can cause different offences under different laws and trial can be different.

 
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Advocate & Notary Public

Nobody can file for the same.
 
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Dy Director

queristg is not sharing the facts.  No useful advise can be given unles she shares the facts.

 

Same set of events can cause different officences under different laws punishable at different jurtisdictional courts.

 
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There are two FIRs

1st FIR is filed in the police station and then police took permission from court to file a case,IPC 505,506.

-- HC queshed sec 505 as this is irrlevent section to the matter.

2nd complaint is a private complaint(after 6months of 1st case registered) IPC 500/6/9 r/w 34. They filed

2nd case filed because opponent could not get me arrested in 1st case also it is partially quashed by HC.

==============================

-How to fight if two complaints are filed for the same offence with different IPC sections?

please suggest me citations and sections through I can go for quash.

-I was told that opponent can file multiple cases with different IPC sections, in my case IPC 506 is common in both the cases.

 

Regards,

 
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