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Krishna (Engineer)     20 April 2010

Res judicata - Urgent help required

Dear Experts,

Need some clarification abt Res judicata!!!!

If someone is giving a same complaint against same person for same crime in different police station (different state) does this law applicable to this???

 

Actually a criminal complaint is filed against me in a TN, FIR is yet to be filed its just a complaint...is it possible for the opposite party to file another complaint in MH for the same case against me??
 

Please help

 

Krishna



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     20 April 2010

If the subsequent complaint is on the same facts and for the same offence then you can approach the high court seeking prayer to quash the subsequent complaint.

Krishna (Engineer)     20 April 2010

Thanks.....

Since it is a non-bailable offense will the police an arrest me???

 

Actually i have an anticipatory bail from TN HC

 

Krishna

R.R. KRISHNAA (Legal Manager)     20 April 2010

Dont worry.  You have the anticipatory bail.   The police cannot arrest you. 

Pray God and Be Bold.  Good Luck.

Krishna (Engineer)     24 April 2010

Dear Krishnaa,

 

The AB is from Chennai HC, if they give a complaint again in MH what to do in that case.

They are just trying to take a revenge on me...They are trying to give another complaint in MH so that i will be arrested. since it is a non-bailable offense....

 

Please help

 

Krishna

Bobby Mani T (Lawyer)     26 April 2010

Resjudicata and two complaints filed on the same subject matter in different police station are entirely different. Krishna has adviced you about what to do on the matter in respect of multiple complaint.  The resjudicata is where there is a dicided matter is reagitated in a court of law.  The principle is a civil concept and applies to civil matters.  The matter must be heard and decided to constitute Resjudicata.

Ayush (Advocate)     29 April 2010

Again, you dont need to worry, because the antiipatory bail issued by the HC of AP will have the same effect as that of the HC of MH because the anticipatory bail has been issued on the same facts and grounds as given to the Police of MH. if the police comes to arrest you, you can certainly show them the Anticipatory bail and you will not be arrested.


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