Separate complaint of ipc 417 while crpc 340 is pending
Shantanu Wavhal
(Querist) 20 June 2014
This query is : Resolved
I have filed IPC 494, 417, 109, 34 - Private Complaint (say : 1st complaint) against illegitimate wife + 6
all accused appeared in court.
the accused as well as sureities submitted false evidence, documents, information, affidavit in court.
i have already filed CrPC 340 application.
my arguments for this application over.
no order passed till now on this application
i.e. this application is still pending.
now I have filed separate complaint u/s IPC 417, 109, 34 (say : 2nd complaint) as the 6 accused and 2 sureities have cheated the hon. court.
Kindly enlighten about the maintainability of the 2nd complaint ...
i m pursuing both the cases party in person
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
If you have included the offences under the provisions of the sections of IPC in your first complaint itself, what was the necessity to file a second complaint for the same offences?, You cannot keep filing private complaints against the same persons under the same sections for the same offences, during trial if it is established then it will be fatal to all your cases that you are fighting as complainant/plaintiff/respondent/defendant etc. Moreover you have stated to have filed another petition u/s 340of Cr.P.C., suppose any of the case is decided against you, they may contemplate to initiate defamation case against you, better be watchful about this too.
Shantanu Wavhal
(Querist) 26 June 2014
first 417 is for different facts.
allegations in 2nd 417 are entirely different.
i have filed crpc 340 application in first 417 case.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
If the information posted subsequently are taken to be fact, the 2nd application is very well maintainable.
Shantanu Wavhal
(Querist) 27 June 2014
allegations in the crpc 340 application and the 2nd 417 are the same.
