More than one case cannot be processed on the same incident

Prayagraj, 02 August (HS). Allahabad High Court has said in an order that after the court takes cognizance of the charge sheet in NCR, a complaint cannot be filed regarding the same incident. Citing the Supreme Court's decision in the Krishna Pal Chawla case, the court said that more than one case cannot be filed regarding the same incident.

This order was given by Justice Saurabh Shyam Shamsheri while disposing of the petition of Premnath Mishra and five others. The court said that it is the fault of the trial court and not the complainant. When the trial court had taken cognizance of the charge sheet in NCR, it should have called for the police report on the complaint. By not doing so, the magistrate has committed a legal mistake.

Along with this, the court has cancelled the order of 26th April in the complaint Ajay vs Premnath Mishra and others pending in the court of ACJM Jaunpur and while returning the case, has directed to consider the charge sheet of the police in NCR and pass a fresh order.

According to the facts of the case, both the parties had lodged NCR against each other after a quarrel on 13 March 2023. The investigating officer filed a charge sheet under sections 323, 325, 504 of IPC in the case of one party and under sections 323 and 504 in the NCR of the other party. On this, the complainant of the other party filed a complaint under sections 323, 452, 504 and 506 of IPC. The magistrate recorded the statement of the complainant under section 200 of CrPC and the witness under 202 on the complaint and issued summons to the petitioner, which was challenged in the petition.