Use of Sec.160, IPC and other sections of IPC
sitaram satapathy
(Querist) 14 May 2009
This query is : Resolved
Sir,
After investigation of a case u/s-160,IPC charge sheet was sent to court. Thereafter once again both the fighting parties lodged two specific cases against each other for the same occurrence. Can the subsequent cases lodged by the accused persons of affray be charge sheeted and sent to court for trial besides the case of affray?
adv. rajeev ( rajoo )
(Expert) 15 May 2009
Dear Sitram
The ingredients Offence u/s 160 are:
1. Two or more persons must fight. 2) They must fight in a public place. 3) They must distrub trhe public peace.
In this section always chargesheet will be against both the parties. If the charge sheet alaredy sent to the court, subsequent case cannot be filed by the accused.
adv. rajeev ( rajoo )
(Expert) 15 May 2009
Dear Sitram
The ingredients Offence u/s 160 are:
1. Two or more persons must fight. 2) They must fight in a public place. 3) They must distrub trhe public peace.
In this section always chargesheet will be against both the parties. If the charge sheet alaredy sent to the court, subsequent case cannot be filed by the accused.
sitaram satapathy
(Querist) 15 May 2009
Dear Dr.Tripathi,
Yes, two counter cases are lodged by the individual parties. As the affray is a case against the public, I think it would be proper to entertain both the counter cases for trial besides the case of affray.
sitaram satapathy
(Querist) 15 May 2009
Dear Dr.Tripathi,
Yes, two counter cases are lodged by the individual parties. As the affray is a case against the public, I think it would be proper to entertain both the counter cases for trial besides the case of affray.
PALNITKAR V.V.
(Expert) 16 May 2009
I think there can be two separate cases, if the parties file cases against each other for some different offences. Essence of offence u/s 160 is breach of public peace by fighting in a public place. But the ingredients of some other offences may be different e.g. 323 IPC. The punishment for offence u/s 323 if for causing of hurt and not for breach of public peace.
MANISH
(Expert) 17 May 2009
Dear friend Sitaram,
If the parties lodge two subsequent cases, the same may be tried with and entertained in the court.
However, the easy and simple method is to consolidate all the cases in one court and must be heard and tried in the same court on each and every date.
