Two criminal cases for same offence

Originally posted by : sridhar
	Hi Experts, I have a criminal case u/s IPC 506 against me ... and I have received summons(at indian residence) and I approached HC for NO ARREST and permission to "non appearence in person" as I am NRI, both requests are accepted and permission is granted as requested. Police investigated FIR and submitted Charge Sheet(CS) with their findings. CS is same copy of FIR, it is not as strong as opponent expected it to be.  Opponent is aggrieved with the above permission and filed another new case under section IPC 500/9, per my knowledge CC number is issued by lowyer court and 1st court date is mid of June 2013 , I have not received summons yet. My opponent strongly desires to make me get arrested and (or) issue LOC ( Look Out Circular at the airport) and get arrested.                I am worried that since I have already approached HC and spelled out key defence points and new case summary is 99% copy of old case and it has few additions though. QUESTION:  since a new second criminal case is registered u/s IPC 500/9 against me and CS is not yet  submitted. 1) can police issue warrant against me ? 2) can police issue LOC against me ?  3) does police need to investigate this new case as well and submit CS ?   Regards, Sridhar,Blr

It appears,prima facie,that you have posted here a fictitious query.You said the content of both FIR is almost similar but the sections of IPC you name for two different occasions is miles apart in reference to context.

Therefore,unless you come up with an actual query citing the correct facts,I am unable to give my further opinion.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Dear Sridhar,

Two complaints or FIR cannot be lodged for the same offence.

Rajiv Bhasin 

Bhasin & Associates

bhasin.laws@yahoo.com

9811210505

There are two FIRs

1st FIR is filed in the police station and then police took permission from court to file a case,IPC 505,506.

-- HC queshed sec 505 as this is irrlevent section to the matter.

2nd complaint is a private complaint(after 6months of 1st case registered) IPC 500/6/9 r/w 34. They filed

2nd case filed because opponent could not get me arrested in 1st case also it is partially quashed by HC.

Dear Rajiv,

-How to fight if two complaints are filed for the same offence with different IPC sections?

please suggest me citations and sections through I can go for quash.

-I was told that opponent can file multiple cases with different IPC sections, in my case IPC 506 is common in both the cases.

Regards,

Any suggestions please?