Yogesh 01 December 2017

Application on the same facts in the same court

if an application u/s 294 & 362 Cr.P.C. has been dismissed by the court in a case of defamation, then the same application can be filed in the same court? if the answer is No as expected then give some ruling or suggest sections...

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it may be filed provided the facts stated in the subsequent application are varied with those of original case.

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Yogesh 01 December 2017

a case of defamation was filed by X. After summoning of the accused, instead of giving his evidence X is filing applications one after another. on 03.08.2016 an application was filed by tX u/s 294 & 362 Cr.P.C. same was dismised V.O.D. 14.10.2016. on 13.09.2017 X filed another application u/s 294 & 362 Cr.P.C. on the same ground. I am the opposite counsel. I opposed the same in my reply giving refernce of the application dated 03.08.2016 and order dated 14.10.2016. Is there any specific ruiling or secion which can be taken in account while arguing the matter?