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Issue related to Case was "Uncontested Decided" case disposed.


02-Aug-2023 (In Criminal Law)
A criminal complaint was filed before magistrate court which was dismissed in default by the court on 2017, thereafter complainant has filed second complaint on same cause of action and which was not press by the counsel of complainant on 2019 and the status of case was showing that the case was "Uncontested Decided" case disposed. Now the complainant again filed the third complaint on same cause of action in which she has disclose the first complaint and concealed the second complaint?
Answers (3)

Answer #1
581 votes
Dear Client, in that case, you should approach the court and disclose the facts of the case, and you may also file perjury under Section 340 Cr.P.C. Then, the court will take action against the complainant.
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Answer #2
671 votes
The ball does not land in the complainant court here, since a matter will only be dismissed on default . When after repeated opportunities had been given to the councel, but the counsel showed his inability & failure in appearing on the concerned dates . Since the next 2 complaints were lodged on the same cause of action & appended to the fact that the complainant has materially concealed the fact .This will cause her havoc ramifications & repercussions when the matter will be heard by concerned court . Material concealment of the facts will be dealt by Indian contract act in case the matter is civil in mature or by the Indian evidence act if the matter is criminal in nature . Moreover section 10 of civil procedure court I e res judicata can also be applied as the cause of action is same in all the 3 complaints
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Answer #3
819 votes
complaint was fought in 20717 before the magistrate and the same has been dismissed in default. second complaint was not press by the council of the complainant year it is to be checked that weather the direction of North press the complaint has given by the complain it or not. third complaint on the same issue and same cause of action. all two complaint were not decided on merit but dismis in default and not press by the counce. see the principal of Duty creta not applicable in the instant case the same is has not got finality . the concealment of the fact is difference situation and impact the main disability of the suits
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