Advocate Rajiv Mishra
(Querist) 27 September 2015
This query is : Resolved
Some one files an application u/s 156(3)cr p c on June 2014, after hearing it was dismissed. After that the person hiding previous application filed the same application in same court just a year after that was also rejected on none present ground. Then he files the very same application in superior court stating that the very previous application was rejected on none present ground and here he also hide the fact and dismissal of first application.What is the remedy available for the person against the application is filed?
(Expert) 27 September 2015
1. IF the court dismisses or closes the case for default or rejects it due to non-teneability, THEN the next best option is to file appeal in the appellate court.
2. However Cr.P.C., does not bar to file afresh, the same matter, after the appeal period of 30 days, PROVIDED the opposite party is not affected in ANY way and further PROVIDED that prosecution of multiple matters (of the same matter at the same time) is not conducted.