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S Punnam Chand (dpa)     26 April 2019

Maintanability of second complaint if first compl. is pendin

I have made a complaint in which the accused is discharged.  the revision is also dismissed.  

I have made a Second Complaint based on same facts with new submissions.  

(which is maintainable).  However i have filed a crl.mlc.r/s 482 crpc in the first complaint in the high court.

Is my second complaint maintainable because first complaint is pending.  The application filed after making the second complaint but not before that.

Pl give a case reference to prove my second complaint case is maintainable even the first case is pending in the form of application u/s482 in high court.

thank you

 



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 April 2019

Your second complaint is not maintenable. 

S Punnam Chand (dpa)     26 April 2019

I have filed a revision petition againt the discharge of accused by trial court and the revision was dismissed.

Meanwhile the revision was pending I have filed a second complaint based on discharge of the accused by trial court.

There after against the revision and discharge of accused giving sufficient arguments Filed Crl. Mls u/s 482.

 

My contention is that where the appeal/revision has been dismissed, whether my second complaint would be maintainable.

Various case references say that second complaint on the same fact is maintainable.  

However I am to convince the judiciary how it is still maintainable when i have filed application u/s 482 crpc.

 

Thank you

S Punnam Chand (dpa)     26 April 2019

The second complaint has new facts.  However the 482 Crpc in filed in first complaint not in second complaint.

 

S Punnam Chand (dpa)     29 April 2019

1.   1st complaint. filed.  herd.  accused discharged.

2.  I have filed revision against sl no. 1 which is dismissed.

3.  Filed a petition u/s 482 crpc in High court in which notice is pending.

 

Now.

After dismissal of 1st complaint filed a second complaint with new facts which is maintainable.  Ref: Poonam channd vs Fazru and 2) Mahesh chand vs janardhan reddy & Anr.

1) My contention was that the Application u/s 482 will be considered as continuation of first case.

2) Is my second complaint is maintainable after filing the crim. misc app. u/s 482 in First Case.

 

Hope I have cleared the confusion.

 

 


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