Legal Question in Criminal Law in India
Administrator (Govt officer) of the Society has requested police to register FIR against the ex-secretary for not handing over vital society records. Police is denying lodging fresh FIR on the pretext that Administrator has already impleaded in High Court against the ex-secretary in his bail application u/s 420,467,468,471 in 'another case' filed by member of the society in same thana. Police is citing this 'another case' and saying FIR is already lodged. What remedy, members have as they are the victims and at the same time Administrator is least interested to pursue it further.
1 Answer from Attorneys
there is a term called Double Jeopardy. an accused cannot be tried twice for the same offence. the stand of the police is right that once the f.i.r. under relevant sections is already lodged, the second f.i.r. would go against the fundamental right of accused.
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