A case of same crime has been filed again on different date which was early filed. what action can be taken against the police for taking this type of action under the law.
RAKESH JADLY (FIELD WORKER) 18 November 2011
A case of same crime has been filed again on different date which was early filed. what action can be taken against the police for taking this type of action under the law.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 November 2011
Go for quashing and then think of counter-action.
You can sue the state for malicious action.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Niraj Mishra (Advocate & Partner Delhi based Law Firm) 28 December 2011
the second Complaint/FIR which is ditto verbatim of the first complaint or on same cause of action and the first complaint was dismissed. Therefore the Second Complaint/FIR which is ditto verbatim of the first complaint and based on same cause of action is not maintainable in the eyes of Law. For that a complainant must disclose in its complaint that no complaint has been filed in any other criminal court or before police on the similar facts. Supreme court is very clear on this point