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Can a criminal matter be reviewed by the same court
09-Feb-2023 (In Criminal Law)
I am settled abroad and framed by fake case by police. Recently After hearing to key witnesses,police was supposed to appear for cross examination on following date but they did not appear. Public prosecutor has informed the court that he is no longer interested in this case for which court has dismissed the charges on me. I was not allowed to leave premises of court and was arrested again. Now I'm on bail and came back to India. Do police has to submit fresh charge sheet to court? Can I fight case while being in India or can I ask court to review previous proceedings as It was same court who dismiss the charges.
Sir,
Your query appears to be very incomplete. For giving you a sound legal opinion, you will have to mention more about the case, especially what is the case about and what are the charges involved. Also, please elaborate on how and under what circumstances were you arrested the 2nd time in court premises.
Your query appears to be very incomplete. For giving you a sound legal opinion, you will have to mention more about the case, especially what is the case about and what are the charges involved. Also, please elaborate on how and under what circumstances were you arrested the 2nd time in court premises.
Helpful?
12+
12+
Adv. Gaurav Lakhwani
Ahmedabad | 25+ Answers
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Sir
Your case seems very interesting, but it lacks many details. Was the criminal charge against you in India or abroad ? You mentioned that the charges are dismissed against you, then means legally you are discharged / acquitted, and in that event, you cannot be re-prosecuted, as it will be a case of double jeopardy. This is common law in all countries. So how come fresh charges be framed against you.
Please contact with all case documents.
Your case seems very interesting, but it lacks many details. Was the criminal charge against you in India or abroad ? You mentioned that the charges are dismissed against you, then means legally you are discharged / acquitted, and in that event, you cannot be re-prosecuted, as it will be a case of double jeopardy. This is common law in all countries. So how come fresh charges be framed against you.
Please contact with all case documents.
Helpful?
22+
22+
Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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According to the Constitution of India
[Article : 20] Protection in respect of conviction for offences (2) No person shall be prosecuted and punished for the same offence more than once.
But in your case you have not mention about charges and offences previous and current case are same subject matter or not.
If yes than no and no than yes(about subject matter)
[Article : 20] Protection in respect of conviction for offences (2) No person shall be prosecuted and punished for the same offence more than once.
But in your case you have not mention about charges and offences previous and current case are same subject matter or not.
If yes than no and no than yes(about subject matter)
Helpful?
13+
13+
Adv. Brijendra Singh
Ahmedabad | 100+ Answers
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