Pinky 24 December 2023
Techo nix 24 December 2023
I am not a lawyer, but I can offer some general information that might help. It seems you are dealing with a complex legal situation. In many jurisdictions, challenging legal procedures during a trial may involve filing appropriate motions within the court handling the case. A Writ of Direction might be considered in certain circumstances, but the feasibility would depend on the legal system and the specific details of your case.
It is crucial to consult with a qualified legal professional who can provide advice tailored to your situation. They can guide you on the best course of action, taking into account the specific laws in your jurisdiction and the details of your case. If you haven't already, seeking the assistance of a lawyer experienced in criminal law might be beneficial.
T. Kalaiselvan, Advocate (Advocate) 24 December 2023
The Supreme Court observed that a second criminal complaint can be maintainable only in exceptional circumstances, depending upon the manner in which the first complaint came to be dismissed.
Multiple Complaints By The Same Party Against The. Same Accused In Respect Of The Same Incident. Impermissible: Supreme Court.
However in regard to a complaint arising out of a complaint on further investigation if it was found that there was a larger conspiracy than the one referred to in the previous complaint then a further investigation under the court culminating in another complaint is permissible.
This means that the facts and circumstances giving rise to the two FIRs must be different, or the offence committed in the two must be different, or the person accused of committing the offence is different. Only then, the second FIR is permissible.
Whethr it would be by a writ petition or by a criminal miscelleneous petition will be deiced based on the maintainability
Pinky 24 December 2023
T. Kalaiselvan, Advocate (Advocate) 24 December 2023
As you hve approached the high court with substantial evidences in your possession seeking the said relief, you may instruct your lawyer to present a very strong argument narrating the incidents that took place in the past by the police colluding with the accused and destroying the evidences.
The victim should have clearly deposed the evidence during cross examination in the trial court.
Pinky 24 December 2023
T. Kalaiselvan, Advocate (Advocate) 24 December 2023
You can obtain a stay order from high court to stall all the procedings by the trial court till the disposal of the pending petition before high court citing the unnecessary urgency shown by the concerned judicial madgistrate and the PP in collusion with the IO concerned.