Res judicata
Advocate B. M.
(Querist) 16 September 2011
This query is : Resolved
In my 138 case u/N.I. the complainant had filed appln to produce one document, it was decided and he was directed to file it with penalty within a specified time period, else his right to do so would automatically stand rejected. He did not do so. After delay of more than one and half yrs, he has filed another appln, to take this doc on record now. Will doctrine of res judicata apply? pl. help me experts.
adv. rajeev ( rajoo )
(Expert) 16 September 2011
res judicta wont be applicable to criminal cases, and more it is not bar to produce again.
prabhakar singh
(Expert) 16 September 2011
principles of double decisions are extended to criminal cases also.that is why one can not be convicted twice,and no second bail is heard on same ground twice.Although it is true your facts are different,not attracting the principle.
dev kapoor
(Expert) 17 September 2011
Even if it is believed that Res Judicata does not apply in criminal cases,you problem is with respect to filing of a second application for filing a document which the party did not file earlier on order by the court.First,has the court closed his right? If yes,this is an interlocutory/interim order & not a FINAL order,so in second application Court can review its earlier order & after some penalty direct the filing of Document holding that this is essential for just decision of the case & probable cannot be a forged document.S.440(old S.403)which speak about "double jeopardy' has no bearing in the facts of your case.Court must exercise judicial discretion in order to impart justice and pass appropriate order in the ends of justice.
Advocate B. M.
(Querist) 17 September 2011
Thank you experts. Yes, the previous order was a reasoned order specifying a time-limit within which the doc. was permitted to be tendered with a penalty, else appln. stands rejected automatically. This order was not complied with and it is challenged by the Complainant by way of Revision Application before the Sessions Court, which I believe is not permissible as there is no provision for Revision on Interlocutory Order. This Revision is still pending, and they have filed another simplicitor appln. before trial court on same issue seeking to have the document on record. I need to reply on this new appln. in trial court have have it rejected. please guide as you all say that Res Judicata will not be applicable. What do I do?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 September 2011
Basically the first order is also wrong, documents not attached with complaint can not be allowed to be produced at later stage.
girish shringi
(Expert) 22 September 2011
It is the technique to harras and kill time of the courts,which many of advocates are doing it intentionally.
