Upgrad LLM

one case in high court for different cases in different cour

director

There are a number of cases pending u/s 138 NI ACT, in those cases accused persons have not been appearing for a long time say the last three years or more. The report of police constables are on files that accused have not been residing on the address for last many months or not traceble. Thereafter, there are three/four applications have been submitted to trial court but all in vain. The presiding Officer only takes applications only for filing. We approached high court in one case and HC ordered to issue process afterwards in that particular case accused was declared absconded. Should one have to go to High Court again and again on the same issue for each separate case wasting of time and money not only complainant or time of High court itself. I want to know whether a single case in high court can be filed for different cases pending in different trial courts for declaring them as absconded under section 82 crpc by high court itself or directions to be given to trial courts for initiating process of declaring them absconded under section crpc 82.

 
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advocate / commissioner of oaths

Sir,

In all the caases the subject matter pertains to the same persons. Hence you can merge all the cases in one petition before the high court as you will be filing the petition for direction under section 482 Cr.P.C.,right!.

 
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director

Respected sir,

complainant is same in all cases, but accused are different ones. now please advise.

 
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Legal Evangelist - TRIPAKSHA

You could club all the petitions together, if the delay is similar in the HC.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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director

Sir shonee kapoor,

I want some clarification from your answer. Whether first all cases should be filed in High court and afterwards club them in one. Or Only one case should be filed in High court making parties all of them or mentioning all parties in one case. Yes delay is more than three years in all cases.

 
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Legal Evangelist - TRIPAKSHA

Only one case needs to be filed for clubbling the case nos. x, y, z, xx, yy, zz as the complainant is same, jurisdiction is same and the court is same.

 

 

Regards,
 
Shonee Kapoor
 
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director

Sir shonee kapoor,

Complainant is same. But  Jaipur is metro city. So there are a number of trial courts. Many a times complaints are lodged in same court, but there are transfered in another courts due to a number of reasons beyond control of complainant. Now Complainant is same, High Court Jurisdiction is same, but trial courts are different one. Whether still a case can be filed or for each trial court separate case should be filed. With regards and thanks in advance and sorry for troubling you again and again.

 
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Legal Evangelist - TRIPAKSHA

It can be decided after seeing all the documents only.

 

Check with your lawyer.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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