Can a magistrate take cognizance of the same office twice ?

Tilak Marg Forum for Legal Questions › Forums › Criminal Law › Can a magistrate take cognizance of the same office twice ?

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    • August 8, 2017 at 4:02 pm #2562
      Dr. Ashok Dhamija
      Advocate

      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.     

      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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