The court has clubbed the FIR on which the cognizance is already bad in law with a CC case under section 202 retrospectively .The limitation period of both the CC and FIR have expired. The court now wants to proceed further with the CC and has assumed that the summons issued in the FIR will be deemed to have been issued in the CC, where as on the date of issue of summons CE were is progress in the CC. The CC has now been brought to the pre-charge evidence stage. There was a bar on taking cognizance in both the FIR and CC under section 195 of crpc. please advise on the legal validity of the court order.
