No it can not be filed. Challenge the same before the HC, the same is barred by res judicata.
regards
Multiple Criminal Cases when complaint, complaint, and accused are same
I sold a land in 2005 on the basis of a registered will. A relative filed a criminal complaint u/s [deleted] against me and buyers in 2005. It was investigated and closed as FR in 2006. The compainant's son has filed another criminal case in 2017 again accusig us of selling the land fradulently and on teh basis of forged docs. 2 title suits of the land is already pending in Civil Court Lucknow since 2005 and 2007 respectively between 01st complainant and me and 02nd complainant (01st Complainant's son and me). Can 02 criminal cases be filed regarding the same issue between same parties. Please cite relevant judgements.
Asked 7 years ago in Criminal Law
Religion: Hindu
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10 Answers
Hello
This is purely a civil dispute and the criminal cases filed against you cannot be sustained. The complainant must have filed a case for cancellation of the sale deed in the civil court.
File a petition in the hc for setting aside the order and quashing of the complaint.
Regards
I must add that when the fr has already been filed...the 2nd complaint is non sustainable.
It is necessary to peruse allegations made in FIR to advice
in the case of Rameshchandra Nandlal Parikh v. State of Gujarat [(2006) 1 SCC 732], wherein the supreme Court held that the subsequent FIRs cannot be prohibited on the ground that some other FIR has been filed against the petitioner in respect of other allegations filed against the petitioner.
Hi, the compaint cannot be sustained since it is of civil nature and sub judice in court .. It is advisable to file for quashing in high court under section 482 Crpc
Sir the complainant are different it is not same party so the complaint can be filed. Frogery is a criminal offence so second FIR is maintainable.
Check the Second FIR and allegations, If it is different it will proceed but it is similar with First FIR then you can approach the High court.
Contest the Civil suit properly .........
Civil and criminal cases are different and 2 cases can be filed if civil case is pending. In criminal side if already a Complaint is pending then they can't file similar Complaint
If a person files a false cognizable complaint (FIR) against someone, police will have to register the case and take up investigation. If the complaint is found to be false, under sec 173 Crpc, police will send a report to the court as maliciously false complaint and court will decide if a counter case has to be registered against the complainant.
1. It is not clear whether identical incident has been alleged in the second case as well.
2. In any event the FRT given by police debars second case on same issue and if that is so then you can very well challenge this case before the high court in quashing.
3. Raise the issue of civil dispute as well as matter of civil dispute often is aground for quashing .
The police should not accept the complaint for the following reasons:
The event had taken place a decade ago
There was already a complaint lodged on the same cause of action and it was closed.
There's a civil case already filed and pending on the same issue.
If the police still proceeds with the complaint you may file a quash petition before high court seeking to quash FIR on the same grounds.
