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vijaykumar vadapalli   15 October 2023

Multiple complaints by same party against same accused

🙏 Namaste sirs,

Multiple complaints by same party against same accused in respect of same 420 case is permissible or not? Sir, in turn accused can file memo for mental agony being done by complaints in same court.
pl advice
Vijayakumar 🙏


 4 Replies

Dr. J C Vashista (Advocate )     16 October 2023

Different complaints can be filed for different cause of action, which differ from facts of each case independently.

Yes, the accused can move a counter complaint.

No specific facts vis-a-vis query have been posted which make the post as a moot court topic for time pass. 

It is better to consult and engage a local prudent lawyer for appreciation of facts/documents, professional advise and necessary proceeding, if there is some truth in the stories.

vijaykumar vadapalli   16 October 2023

🙏 I am extremely sorry for your painful response. I am a senior citizen & was made intentionally accused by police. This is not enquiry for just time pass. i been under mental tension. As far as lawyer is concerned that much expertise is not available. I am feeling guilty for using this forum for no costs. If any coonsultant is available for fee, i am able to pay amounts sir. I am 65 years old citizen and law abiding citizen. Once again forgive my any unlawful pleas if any. Thank you very much for you invaluable advice. pl suggest good advocate in andhra region so that i will never approach this forum. Thank you

Sudhir Kumar, Advocate (Advocate)     24 October 2023

You have not shared as to which cases are filed? whether the cases arise out of single transaction? how you are unconnected (or connected) to the issue(s)

LCI Thought Leader Rajesh Tandon ( Col (Retd))     06 December 2023

The Honourable Supreme Court of India, in the case of Krishna Lal Chawla & Ors. Vs. State of U.P. & Anr. noted that making multiple complaints by the same party against the same accused regarding the same incident is not allowed. In para six of the judgement, the court has referred to its judgement in the case of Amitbhai Anilchandra Shah v. CBI & anr.( 2013) 6 SCC 348, wherein it was held,

This court has consistently laid down the law on the issue interpreting the code, that a second  FIR in respect of an offence or different offences committed in the course of the same transaction is not only impermissible but it violates Article 21 of the Constitution. In T. T. Antony [ (2001) 6 SCC 181 2001 SCC (Cri) 1048], this court has categorically held that registration of second FIR (which is not a cross case) is violative of Article 21 of the Constitution (emphasis applied). Permitting multiple complaints by the same party in respect of the same incident whether it involves cognizable or private complaint offence, will lead to the accused being entangled in numerous criminal proceedings. As such, he would be forced to keep surrendering his liberty and precious time before the police and the courts as and when required in each case.

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