Advocate Rajiv Mishra
(Querist) 11 February 2017
This query is : Resolved
Sirs, 156(3) application has been rejected by concerned magistrate on 14/6/2014, just after a year the same application was filled in the same court hiding the previous one but this was also rejected on the ground of none present. Now the same applicant with the same lawyer filled the same application in the CMM court saying that the previous one was rejected on non present ground. This time the applicant again concealed the first application and the rejection order. I'm the proposed accused. Is application under 156(3) Cr.p. c. Can be filled repeatedly after rejection? Do I have any remedy?
J K Agrawal
(Expert) 13 February 2017
There is no bar. if the offence is under cognizable limitation period, one can file application again and again. There is no res judicata in Criminal Jurisdiction.
remedy is to put your stand properly before the Police.