Can two cases on the same cause of action can run simultaneously in two different court
pankaj kumar gupta
(Querist) 09 March 2015
This query is : Resolved
Sir/ Madam,
Can two criminal cases one filed by the victim under section cr. p.c. 200 at 7th magistrate court and another filed by
the police authority as NGR case at the 1st magistrate court can run simultaneously.
Please advice if not then can it be a case of Crpc 224.
With Best Regards,
Pankaj Kumar Gupta.
ROHIT SHARMA
(Expert) 09 March 2015
Dear Mr. Pankaj Kumar Gupta,
1. Two criminal cases for the same offence cannot be instituted by both the victim and the police unless the charges are different in nature. Brings this anomaly to the notice of the concerned court. S. 224 Cr.p.C. is applicable in such case if the charges are different in the complaint u/s 200 Cr.p.C. and the police NGR case.
Devajyoti Barman
(Expert) 10 March 2015
Yes, both the case can run. There is no difficulty.
Rajendra K Goyal
(Expert) 10 March 2015
If the charges are same, bring the fact in the knowledge of the court.
malipeddi jaggarao
(Expert) 10 March 2015
If the charges are one and the same, you can bring this fact before the court in the case filed by the victim stating that another case is also filed by police with similar charges hence this case is not maintainable.
R.K Nanda
(Expert) 11 March 2015
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
One cannot be punished twice for the same offence so please analyse the facts and proceed to quash the proceedings if necessary.
