Narinderjit singh Tiwana 16 May 2020

Whehther any person accused of offence after his acquital by Session Court can be summoned again for same offence as mentioned in FIR?

A,B&C were arrested on the basis of FIR u/ss307,452, 120-B IPC & 25/54/59 of Arms Act regd.on complaint by D & Police recorded statements of his brother E & a customer F& arrested all accused& produced in Court of CJM who remanded them to Judicial custody.To sum up the case was triedby Addl.S.J.,3formal witnesses deposed & Xd while F never appeared.ComplainantD&E both resiled&Court orderd their X Examination& they repeated same story.Court had to aquit allA,B,&C.After about2 yrs.anASI ofPolice came & took A to Police Station where SHO told A that he was PO declared Court of JMIC.A informed his Advo.,who reached with BarPresident, & otherAdvos. with Case file having aquital order.SHO allowed A to go but must to getAnticipatory Bail within2days.A'sBail was accepted with condition to appear in JMIC court on each & every date.An Appli. for Quashing was filed but rejected by localASJ as well as by H.Court.After facing& attending local JMIC Court for about2 yrs.A new JMIC on very first date revoked PO orders &A felt relief.My QUERRY is whehther A can claim damages&for how much Amount for Social humiliation, mental pain or any other relief & from whom?I think state is responsible forA'ssufferings. Kindly advise. Narinderjit.lS. Tiwana Hisar(Hry.)

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 16 May 2020

Once the Court of ASJ has acquitted the accused the case can not be reopened by the same court. However, on an appeal preferred before High Court may summon the accused, which is also impossible after a lapse of 2 years.

When A (accused) was present during entire prosecution before ASJ, how SHO can ask him 2 years after acquittal, that he was declare PO by CJM (which is an inferior court and the accused was already remanded the case to ASJ and prosecuted /) ? There is some misconception in the statement.

When the case was already complete and judgment delivered by competent court how the same court can admit and accept Bail Bond for anticipatory bail ?? Unbelievable if your statement is taken to be true .

Besides this, you have mentioned new JMIC revoked the orders of PO ?? Some link to your statement is missing.

You can apply for compensation of damage of reputation (civil) as well as for malacious prosecution (criminal) u/s 499 / 500 IPC.

Can you post your case summary/ judgment to me for any further query / assistance at emailL majjagdish@yahoo.com or discuss at mobile 9891152939

P. Venu (Advocate) 16 May 2020

Yes, the posting is less than convincing. But if a true story, certainly civil as well as criminl action lies. As regards to the judicial officers involved, the matter needs to the notice of the High Court and/or the District Judge.

G.L.N. Prasad (Retired employee.) 16 May 2020

This is essence of your query: QUERRY is whehther A can claim damages&for how much Amount for Social humiliation, mental pain or any other relief & from whom?I think state is responsible forA'ssufferings. Kindly advise."

If one is unfortunate, some events may occur disturbing him and finally, he may come out with clean hands. Ignoring the past as a nightmare and continuing life as though it never happened is one way of Hindu Philosophy. (Destiny for the past deeds).

Trying to meddle with the past and complicating the issue and getting further disturbed with those past events and spoiling present is not wise.

You are a better judge and contact a local advocate that handled your case if you wanted to dig and live in the past.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 May 2020

Originally posted by : Narinderjit singh Tiwana
	My QUERRY is whehther A can claim damages&for how much Amount for Social humiliation, mental pain or any other relief & from whom?I think state is responsible forA'ssufferings.

1. Irrespective of any Acquital /Conviction /Re-Trial /Appeal etc.... in a Criminal Case proceeded by Govt. there is no scope of any type damages & compensations etc...., that can be claimed by Accused party, more specifically in India. There is hardly any HC /SC precedent judgments avaialble, for such claims available in India.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com