Counter Case In Crpc

Trial of cross cases presents a variety of ticklish practical issues and challenges. Courts have been responding to them differently. Way back in a Division Bench of the Madras High Court (Waller, and Cornish, JJ) made a suggestion1 that "a case and counter case arising out of the same affair should always, if practicable, be tried by the same court, and each party would represent themselves.

The counter case should be tried in quick succession by the same judge who should pronounce judgement on conclusion of both cases. Such a practice prevents the danger of an accused being convicted before his whole case is concluded and it deters the court from delivering conflicting judgements on one incident. There is no standard definition or procedure for trial of cross-cases in the Cr.P.C.

or any other statute. Therefore, the judiciary have evolved the procedure to be followed in cross. Explore CrPC Sections 465.

The statements of the accused u/s 313 of CRPC in the case of counter cases should be recorded once completion of taking of the evidence in both the case and the whole case of the parties is before the court. SETTLED POSITION OF LAW The Code of Criminal Procedure, 1973 [3] (Hereinafter referred to as the CrPC) is the procedural law that deals with all the criminal cases in India. However, it does not contain any separate provisions relating to counter or cross cases.

The first counter criminal case which was filed in India dates back prior to the enforcement of the CrPC. In GoriparthiKrishtamma v. The document discusses the procedures for handling case and counter case (cross cases) in criminal proceedings under Indian law.

It outlines 3 key points: 1) Both cases should be investigated by the same investigating officer to determine who the aggressor was in an unbiased manner. 2) Both cases should be tried together by the same judge to avoid conflicting judgments, but separately based. Summary and Recommendations: Based on the legal principles discussed: - There is no specific provision in the CrPC for filing a "counter case" from a lower court.

However, the accused can file a separate complaint or case against the complainant, which would be treated as a regular criminal case. In support of his submissions, Mr. Upadhyay firstly referred to the decision of this Court in Harjinder Singh vs.

State of Punjab & Ors. [(1985) 1 SCC 422], where in an almost identical situation, this Court, while interpreting Section 223 Cr.P.C., held that clubbing of the two cases, one on a. Where one of the two cases (relating to the same incident) is charge-sheeted or complained of, involves offences or offence exclusively triable by a Court of Sessions, but none of the offences involved in the other case is exclusively triable by the Sessions Court, the Magistrate has no escape from committing the former case to the Sessions Court as provided in Section 209 CrPC.

Though, the.