Can a magistrate take cognizance of the same office twice ?

[Anonymous]

A magistrate had taken cognizance of an offence on the basis of complaint filed by a person. After one month the same person made a second complaint about the same offence and the same incident and the magistrate to cognizance of the same offence again for the second time. My question is that whether the magistrate can take cognizance of the same offence twice?

[Dr. Ashok Dhamija]

Taking cognizance of the same offence twice, and starting two different proceedings for the same offence, is not permissible. It might have been done either by mistake or the two incidents might have been different though similar and between the same parties. It can be challenged before the higher court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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