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Shaher yar   29 October 2022

Fir and private complaint in same case

Hello.

Couple are fighting a court case  Wife has filed FIR against husband for dowry, cruelty  hurt etc . Police filed charge sheet  Now wife has filed private complaint under Sec 200 crpc before magistrate saying husband has forcibly taken her ornaments etc . 

My query is whether private complaint is maintainable. Law is settled that there can't be multiple FIR on same facts . But can private complaint be filed after Fir and when trial is pending before court . Any judgement on this point ? 

Thank you 



Learning

 2 Replies

Dr J C Vashista (Advocate)     30 October 2022

These are two different crimes, which shall be tried separately, accordingly application u/s 200 Cr PC is maintainable besides the fact FIR u/s 498A case is already pending trial. 

1 Like

P. Venu (Advocate)     30 October 2022

The facts posted suggest that the FIRs do not cover the alleged offence of forcibly taking the wife's ornaments.


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