(Querist) 19 August 2009
This query is : Resolved
A, B, C are brothers. A is the eldest and C is the youngest among the three. A criminal case has begun under section 294 b 323 and 506 (2) against A and C and against the wife of C. B is the litigant.
For the same incident happened there is another case,in which C is the litigant and B is the accused.
For one and the same incidence, there are two separate cases and there are two ( false witnessees) in each case.
In each FIR, nothing has been mentioned about the other two witnesses.
This fact itself is enough to show that the cases are fabricataed cases.
My question is how to club the two cases into a single one since the incident ( actually accident) is the same for the two alleged criminal actions.
I am "A" in this case. Kinly guide me.
My lawer says that it is not possible to club the case into a single case.
(Expert) 19 August 2009
Criminal acts do not have same cause of action and the acts constitute continuing cause of actions each day and offence is made out for every act. So you cannot club the case into a single case but you can please for joint hearing of two cases.
(Expert) 19 August 2009
This may be case and counter case orginated from the same transaction. Seperate charge if filed by the police the accused in both cases can ask for a joint trial of bothe cases. The court must look into one aspect by joining the trial no prejudice shall cause to accused. This is possible only if State is the complainant in both the cases. If one State as complainant and the other is private complaint you cannot seek any relief as we asked for.
(Querist) 20 August 2009
The state is the complaint in both the cases.
THERE IS A PARTITION CASE PENDING IN HIGH COURT. B is residing in the suit property. Taking advantage of inordinate delay in hearing the case, B has made fraudulant records and tried to lease the house without the knowledge of others. Having come to know this C and A advised B not to indulge in this unlawful action. A verbal quarel started. Neighbours ended the quarrel. But C admitted himself in the govt hospital and latter B admitted himself in the same gove hospital and hence two complaints with the police and hence two separate cases.
Latter C has produced his two freinds as false witnesses and similarly B has produced his two friends as false witness.
But four were not present during that incidedece.
Well knowing that I ( A) could be a good witness B has inculuded intentionally ain the case by statiting that I beat him .
Kindly advise now whether the two cases can be heared at the same time.
A. A. JOSE
(Expert) 20 August 2009
Yes, as has already been advised by learned expert Mr.KC Suresh, you may move application for joint trial of both the cases please.