sunny singh (asfdgfs) 15 June 2012
hello
please advise.....
there is a case instigated on me in consumer court regarding the damage to goods transported , which is pending since 5 months.
however, a FIR is simultaneously lodged in the local police station u/s 407 of IPC
What relief can I get as its harassment due to multiple instigations of same case under various laws
ravindra (Analyst) 15 June 2012
u can file quash police complaint saying ur case is already pending in consumer court and it will be double jeopardy.
Adv Archana Deshmukh (Practicing Advocate) 15 June 2012
No reliefs in this respect. You can only fight out both the cases on merit because availing a civil remedy does not bar a criminal trial. If a certain act imposes civil liability and is also an offence under criminal statute then, both cases can run simultaneously, this is no double jeopardy.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 June 2012
As Ld.Archana Ji said you have to contest both the cases, civil and criminal remedies are independant of each other. If you feel the criminal case as baseless and frivolous then go to HC for quashing u/s 482 CrPC.
ADVOCATE Prem Joshi (Advocate/ Legal Consultant) 15 June 2012
You can get quashment order from the High Court on the FIR u/s 407 but it is not applicable on consumer case under consumer protection act ' 1986 section 3.
3. Act not in derogation of any other law: -
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
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