Two victims of a crime
alleged
(Querist) 22 November 2011
This query is : Resolved
In this case one victim has filed complaint before M.M. under 156(3)/200 crpc and other has filed petition under 482 before High Court for registration of FIR straight away.
Can two victims of a crime, file seperate petitions/complaints before different courts ?
Whether, the petition under 482 filed by second victim is maintainable ?
What, if both victims succeed in their respective petitions by obtaining directions for registration of FIR ? How will the police deal with the matter ?
Raj Kumar Makkad
(Expert) 22 November 2011
Both victim have joint as well as separate cause of action so they can even initiate legal remedy separately. Police has to follow verdict of higher court.
Kiran Kumar
(Expert) 22 November 2011
http://indiankanoon.org/doc/1836621/
above is a link to a judgment titled as Sakiri Vasu v/s State of U.P
where Hon'ble SC of India has clarified that HC can not direct for registration of FIR under S.482 Cr.P.C, the victim or the complainant has an alternate remedy of approaching the MM under S.156(3) Cr.P.C
but this point has already been referred to a larger bench of SC....Since the larger the bench is yet to decide the matter...the Sakiri Vasu judgment will prevail.
let the other victim approach MM only...may be there will be two separate FIRs or complaints out of a same incident, but the same will be tried together.
Shonee Kapoor
(Expert) 23 November 2011
Hmmm agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com