Can two cases be filed for the same offense?
Jayesh Kumar
(Querist) 19 June 2011
This query is : Resolved
Hi Experts,
An alleged criminal incident occured. The complainants went to the police station and the police filed a case under the cognizable sections and arrested the accused. The complainants have a greviance that certain other sections like IPC 504 & 506 which are non cognizable had been not added in the FIR. For prosecuting the accused for the offense under those IPC sections the complainants filed a private complaint. My question is--A) Can there be two complaints for the same offense, one FIR and another private complaint? B)If the complainant had greviance that 504 & 506 had not been added in the FIR should not the correct step would be to approach against the FIR filed to add those 2 sections rather than filing the private complaint? Is it not synomnous to being prosecuted twice for the same offense to the accused?
All experts please help me know the correct facts for this.
Regards,
Jayesh Kumar
PALNITKAR V.V.
(Expert) 19 June 2011
In the given circumstances, two cases can be filed i.e. one at the police stn and another in court. When the police case comes to the court, the private case and the police case is normally clubbed together and tried as one case as provided by Sec. 210 of Cr.PC
Kiran Kumar
(Expert) 19 June 2011
yours is not a case of double jeopardy, Mr. Panitkar advised correctly the matters will be clubbed and the trial will proceed accordingly.
Jayesh Kumar
(Querist) 20 June 2011
Expert Palnitkar Sir & Mr. Kiran,
Crpc 210 (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
So, if the police in the chargesheet do not add IPC 504,506 then you mean the complainants have the right to file private complaint u/s 200crpc against accused for those sections related to the same offense. But if the police have not added those sections and the magistrate does not believe to take to cognizance of those sections it would be a double jeopardy to have those matters tried differently. Also before the private complaint is filed to prosecute for the IPC charges left out is there any mandatory or process to be followed by the complainants to approach the police and the court for adding the left out sections before filing the complaint?
prashant pundhir
(Expert) 20 June 2011
Dear friends,
Sec.210cr.p.c. sub clause 1 clearly says that when a case instituted otherwise then of a police report ,it is made to appear to the magistrate ,during the course of the inquiry or trial held by him,that an invastigation by the police is in progressin relation to the offence which is the subject matter of the inquiry or trial held by him,the magistrate shall stay the proceedings of suchninquiry or trial and call for a report on the matter from the police officer conducting the investigation .
And the sub clause 2 of the section says that the magistrate shall inquire in to or try together the complaint case and the case arising out of the police report as if both the case were institute on a police report .
Section 210cr.p.c. nowhere says that if police did not lodged the FIR in the right sections,then the complainant has liberty to file another complaint case .
Sec.156(3) cr.p.c. also says that if the FIR have been lodged on the said crime,then the magistrate will not entertain that complaint .So it is not the right way to lodge a fir and a complaint case .
Complainant has the right u/s216(1)cr.p.c. to add or alter any charge .
Jayesh Kumar
(Querist) 21 June 2011
Sir,
Then what is the meaning of Crpc 210(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code? Please excuse me because I do not have any understanding of the criminal law.
Regards,
Advocate. Arunagiri
(Expert) 21 June 2011
Your case is that you have given police complaint for certain offences which is pending, you have also given a private complaint on the same persons but for a different offences. This will not attract S.210(1).
Even if the court stayed the matter without knowing the two cases arose on two different cause of action, the stay will be vacated.
Jayesh Kumar
(Querist) 22 June 2011
Actually am the accused side, the complainants got a FIR registered under cognisable sections however the non cognisable sections like IPC 504 & 506 were left. So to have the accused also get prosecuted for these offenses complainants filed a private complaint for the same. The challan filed by the police does not add 504 & 506. The FIR and the private complaint relate to the same offense. Does it sound legal for 2 different cases, state case and private complaint against the accused for the same offense thought for different sections?
PALNITKAR V.V.
(Expert) 22 June 2011
I stand by my reply. Since the incident is one and the same, the court may direct clubbing of the case.
