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Legal validity of criminal case once withdrawn be filed again
08-Mar-2023 (In Criminal Law)
A person has taken back his criminal case against me. Can he again file the same criminal case against me now.
There is no bar in law for that but it has to be seen that as to what are the grounds and cause of action raised in the complaint to file it again. Please share the complete facts and details. As to what is Nature of complaint etc. So that you can be properly adviced.
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Adv. Vivek Jain
Delhi | 25+ Answers
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Can a case be reopened?
Cases can be closed due to a lack of evidence during the investigation and reopened whenever new evidence is discovered. The case being reopened in Criminal Law means that the trial has begun and witnesses have been questioned by both the prosecution and the defense.
What happens when a court case is withdrawn?
The court cannot order the withdrawal of a case solely based on the decision made by the government. The court's decision to withdraw a case is final. If the court does not agree with the reasons for the withdrawal, they will allow the case to continue without allowing it to be withdrawn.
Can a withdrawn civil case be reopened?
If a case is dismissed without prejudice due to procedural issues such as failure to provide discovery or to file the appropriate pleadings, or for failing to show up for trial, then a motion can be filed to reopen the case or to restore it to the active calendar.
Can I file a case again after withdrawal?
The plaintiff must file a new suit if he withdraws the original suit of his own accord to bring a new suit. The Code of Civil Procedure (1908) provides for this in Rule 2 of Order 23.
That depends on what grounds and how he has withdrawn his case. If there has been an agreement and a quashing petition has filed then he would not file another criminal case. but if there has been no agreement which is legally binding, then I cannot say without looking at the papers.
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Adv. Siddhant Rai Sethi
Delhi | 100+ Answers
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What happens when a civil case is dismissed in court
How long does a dismissed case stay on your record
Can charges be brought back up after being dismissed
Can you reopen a case after 20 years
Case closed vs case dismissed
How long can a case dismissed without prejudice be reopened
Although it is a theoretical query without any specific facts.
Answer to your question in simple way is if a person has compromised or taken back the case in court proceedings or high court quashes the fir, then again he cannot file the case again.
But if a person takes the case or writes to police he wants no action or withdrawal of complaint from police then he may again file the complaint with police to get criminal justice system in motion.
I hope I answered your query!
Thank you
Answer to your question in simple way is if a person has compromised or taken back the case in court proceedings or high court quashes the fir, then again he cannot file the case again.
But if a person takes the case or writes to police he wants no action or withdrawal of complaint from police then he may again file the complaint with police to get criminal justice system in motion.
I hope I answered your query!
Thank you
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Adv. Pulkit Jain
Delhi | 25+ Answers
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