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Can a person file complaint if FIR on the same offence has been quashed?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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One of the Individuals filed a private complaint against me. Case was for change of Date of Grampanchayat assessment copy of house property from 2013 to 14. Same assessment was presented in the court by us for filing a suit against him for easmentry right. Court ordered for invitation under 156(3). FIR i.e. report filed by police in the court. Court passed order to re-registration of Report & private complaint is disposed of.

Now complainant manage to got Case reregistration of private complaint with all other papers and Report, instead of only Report itself. We have received notice therefore appeared in court. Question Now question is 1) Since private complaint is disposed of as per Order then how complaintant can register the same second time. 2) What will be our future stand to take. 3) Can case for Contempt of court Order be filled against complanent? 4) Matter is at Kolhapur Dist in Maharashtra, where to file? 5) What are other alternatives?

Asked from: Maharashtra

The complainant cannot register a complaint if the FIR in respect of the same facts and incident has been quashed by the High Court. Subsequent proceeding is illegal and against the judgement passed by the supreme Court in T. T.Antony v. State of Kerala 2001 SCC

Complainant has no power to initiate a second proceeding in the same offence. You should file an application in the High Court under Section 482 of the code of criminal procedure for quashing of FIR.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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