The expression “counter cases” is generally used with reference to cases instituted against two opposite parties. For example the accused in one case generally figure as the prosecution witnesses in the other case and vice-versa.
One of these cases may arise out of a police charge-sheet whereas the other may arise out of a private complaint. Sometimes both the cases arise out of private complaint.
Very rarely it happens that both the cases arise out of police charge-sheets. A case is described as “counter” to another strictly when it presents a version regarding the same incident different from the one presented in the other case by the other party.
But if the prosecutions in both the cases allege that the two incidents are different from each other, that the incident happened at different places and at different times or that one is the sequel to the other, they are not strictly case and counter case, but they are two independent cases.
ADVERTISEMENTS:
Even in such a case it is expedient that the trial of both the cases should be conducted simultaneously and the judgment in both the cases should be delivered on the same day.
The High Court of Andhra Pradesh has recently held that the same public prosecutor should not conduct both the case and its counter and that he has to choose only one of the two cases and conduct the prosecution in it.