2 FIR on same matters

S.D. Singh (Querist) 10 July 2010 This query is : Resolved
Facts : Govt. authority came to know about its forged certificate. He issued notice to user/ beneficiary of such notice such user informed the Deptt. that the forged certificate was provided to him by his acctt. He also informed that original certificate has been destroyed by the acctt. But the Govt. deptt. filed FIR u/s 420/467/468/471 against the user and accountant. After that user also filed FIR against his acctt. i his city. In the FIR of user FR was filed by police and same was accepted by the Hon,ble court. But later on the Govt. FIR charge sheet was filed against accountant only.
Please advice what remedies are now available to acctt. from charge sheet of Govt. FIR when in one FIR he was discharged by the court.

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Guest (Expert) 10 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1.THE ACCUSED CAN FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE PENDING COMPLAINT AS HE IS ALREADY ACQUITED FROM FIRST COMPLAINT.HE CAN ENCLOSE THE COPY OF JUDGEMENT.
2.KINDLY NOTE THAT SECOND F.I.R.IS NOT MAINTAINABLE AND ONE PERSON CAN NOT BE PUNISHED FOR ONE AND THE SAME CRIME FOR MORE THAN ONCE.
3.KINDLY NOTE THAT THE WRIT PETITION SHOULD BE DRAFTED WITH THE HELP OF LEGAL EXPERTS.
GOOD LUCK.
HE WILL SUCCEED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOU LMAY WRITE AND SEND DETAILS OR CALL/SMS WILL HELP YOU.

THANKS.

S.D. Singh (Querist) 11 July 2010
Thanks for nice reply. Please clarify meaning of Second FIR. Whether it means the FIR which was lodged first or the FIR in which court's judgement come first.Thanks.
Relevant judgement of All. High Court or Supreme court, may be provided if possible. Thanks

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