New case filed by applicant's witness on same footing

Razia (Querist) 10 December 2012 This query is : Resolved
A who was a witness in B’s case filed a separate case on the same footing adding other sections to the same case with B as witness. Can he do so under Cr. P. C.? Also if quashing of case is pending before the High Court can respondent file for transfer of investigation to another agency?

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Devajyoti Barman (Expert) 10 December 2012
Yes, if the cases are separate then there is no legal bar.

Raj Kumar Makkad (Expert) 11 December 2012
A has separate right to sue even if he is a witness in another case based upon same footing hence he can very well file it. There is no provision of Criminal procedure Code to restrict him to do so.

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