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criminal laws - what is prohibited whether filing of two firs by one part against same accused or filing case and counter case against each other ? = if two FIRs are filed in relation to the same offence and against the same accused, whether the subsequent FIR was liable to be quashed or not. = the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter-FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint

Section 482 Cr.P.C by the petitioner/A4 seeking to quash the proceedings against him - dismissed - creditor can maintain a civil and criminal proceeding at the same time. Both the proceeding, thus, can run parallely.= standard of proof in a criminal case vis-a-vis a civil suit, indisputably is different. Whereas in a criminal case the prosecution is bound to prove the commission of the offence on the part of the accused beyond any reasonable doubt; in a civil suit `preponderance of probability' would serve the purpose for obtaining a decree. Therefore, though the order of the CESTAT attained finality on civil side, still criminal proceedings against fraud and cheating can be independently established by the prosecution.

Criminal trial = APPRECIATION OF EVIDENCE AND CREDIBILITY OF WITNESS = Any violation in the procedure, by the people concerned, cannot be allowed to operate to the detriment of the victims, who have no role to play in the compliance and non compliance of the prescribed procedure. The sentry book, no doubt, shows that the accused was on sentry duty from 18:00 to 20:00 hours; P.W.13 explains that no entries would be made in the sentry book, if people go out for short time. ; When something which finds place in the report, does not find place in the 161 Cr.P.C. statement, it loses significance as an omission, while appreciating the credibility of the witness.

or.21, rule 90 CPC- claim petition by society - non production of mortgage deed - sale conducted by suppressing the mortgage - trial court and appellant court dismissed the claim petition - High court remand the case for fresh disposal giving an opportunity to the society to adduce fresh evidence as there are allegations of misappropriation of public fund by Jdr in the capacity of president of society.

Section 500 IPC = information given by the accused to the reports, without any intent of getting the same published.= whether the publication made, allegedly, containing imputation which would harm the complainant, is at the behest of the accused. The above discussion has already surfaced the innocence of the accused with regard to the publication made in the newspaper. It is only when the accused was enquired by the reporters, that she had to reveal the reason for her attempt to commit suicide and in that process, she revealed the reason but it is not with an intent to get the same published through P.Ws.2 and 3. It is only P.Ws.2 and 3, who decided to publish the information, which was divulged to them. Hence, the defamation, if any caused by the article, is due to the publication made by P.Ws.2 and 3 but not by the information given by the accused to them, without any intent of getting the same published.