Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court held that, Criminal law does not recognise the terms ‘same cause of action’. A per se FIR cannot be cancelled once evidence implicating the petitioner in a conspiracy has been discovered. As soon as an accused makes an attempt to commit an offence, they are subject to punishment, and many offences of this nature can be charged simultaneously. When the facts and circumstances of the case warrant it, a person may be charged with both offences concurrently under Sections 138 of the NI Act and 420 of the IPC.