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Complaint

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved 
FACTS OF THE CASE:
A criminal complaint was filed against a person alleging non-cognizable offences. The Ld. Magistrate took cognizance of the alleged offences but conducted inquiry U/s.202 Cr.P.C before issuance of process. After six months a public servant filed a similar complaint against the same person alleging same offences and the Ld. Magistrate also took cognizance of the offences. But while issuing process in the earlier case, the Magistrate in his order says that since he has taken cognizance in the case filed by the Public Servant for the similar offences alleged in the first complaint, the first complaint is clubbed with the complaint filed by the Public Servant.
Now the complaint case filed by the public servant is not proceeding for some reason. When the complainant in the first complaint case files a petition praying therein to issue summons to the accused, the Ld. Magistrate by his order says that the first complaint is not in existence and the complainant has no locus standi to file such a petition.

My query:
Whether two private complaints can be clubbed. If yes, under what provision of law?

Whether the Magistrate is justified is saying that the earlier complaint is not in existence and the complainant has no locus standi?

Whether the complainant in the earlier complaint is precluded from pursuing his complaint case irrespective of the fact that another complaint alleging same allegations has been filed by a public servant and the same is pending?

Kindly let me know the provisions of law and citations on the above points?
M/s. Y-not legal services (Expert) 15 June 2011
If one more private complaint against the same accused in same court mean both are two more cases can be clubed. Its court's discretionary power, and Its only for make convenient of court time.
M/s. Y-not legal services (Expert) 15 June 2011
But the court's decision in closing one case while both cases from various complainants is unjustifiable. If both cases filed for same offence( same occurrence, same place, same time ) mean any one case might be not maintainable. Here the principle of double jeopardy will be apply automatically.
M/s. Y-not legal services (Expert) 15 June 2011
Double jeopardy mean an accused can not be punish twice for a single offence. Thats it.
PALNITKAR V.V. (Expert) 15 June 2011
The analogy flows from provision contained in Sec. 210 of cr.p.c. As Mr. Tom has said it is to avoid conflicting judgments and above all double jeopardy.
Raj Kumar Makkad (Expert) 15 June 2011
I do agree with tom.


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