Filing court in contrary and revenge
rajesh kumar
(Querist) 10 October 2015
This query is : Resolved
If a criminal case is under trial in a district court, can the accused in revenge file a case on different matter on the petitioner hiding the previous case which is going on against him?
Does these cases, which are filed in contrary to a previous case, are accepted by court or not?
How to get it quashed by high court?
Anirudh
(Expert) 10 October 2015
Anybody can file any case. Nobody can stop.
But, the affected party has to approach the court and give its version. Court upon hearing either may accept the version of the affected party, or order the case to be proceeded.
How to get it quashed will depend upon the facts of the case, which we are not aware. If you feel that the case needs to be quashed and is liable to be quashed by the HC, then approach a lawyer and file a petition before the High Court for quashing.
malipeddi jaggarao
(Expert) 10 October 2015
Instead of using indirect speech, ask the question directly with the practical problem.
R.K Nanda
(Expert) 10 October 2015
state real facts, if any.
P. Venu
(Expert) 10 October 2015
Please state the real problem with material afcts.
rajesh kumar
(Querist) 10 October 2015
actually i gave 5 lacs of rupees as a loan to one of my lady boss as she told me that she is in a big trouble and need that money.
after a year when i asked for my money back, she filed court case under ipc 376, 504 506.
ipc 376 was dismissed but other sections are still there and i am still facing trial after getting bail.
NOW i want to file case against her for the money i gave to her as i have enough proofs for that loan money given to her.
Is there any rule that an accused can not file case on opposite party in any matter??
P. Venu
(Expert) 10 October 2015
You are entitled to pursue appropriate remedies to recover the money, if any given as loan/advance.
malipeddi jaggarao
(Expert) 11 October 2015
When did you give this money? Is there any written documents? If it is a matter of more than 3 years, you lost your right to recover even if you have any documentary proof. Giving information in installments will not be good in your own interest, as experts won't find time to attend the query again and again.
K.S.Srinivas
(Expert) 13 October 2015
Agreed with the experts Sri Anirudh and Sri Jaggrao.
