LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Double jeopardy laws

(Querist) 26 June 2015 This query is : Resolved 
Hi me and my wife both are Canadian Citizen. My wife has filed a Money Recovery Case in Ontario Superior Court of Justice in Canada. The case is still going on in Canada. Then she decided to file a fake FIR in India (406, 420 IPC) in India as well.

My question is can I be tried in two courts of two different country at the same time.

Thanks,

Rajeev
ADV-JEEVAN PATIL, MUMBAI (Expert) 26 June 2015
No if grounds are same in both the petitioms
P. Venu (Expert) 27 June 2015
Presumably, the case pending in Canada is a civil action. She can file a criminal complaint in India if the alleged offence had been committed in this country.

There is no double jeopardy has in the facts disclosed.
Rajendra K Goyal (Expert) 27 June 2015
If the crime has occurred in India, FIR can be filed here.
rajeev (Querist) 27 June 2015
No Sir the allege crime of money and even the 498a all has happened in Canada. My estranged wife n me we both lived in Canada from 2000 till October 2012. Nothing has happened in India except 504 & 506.....out here she has claimed that I swear and insulted her at her parents house in India. Even this is 100% lie but at least this allege allegation did happened in India.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :