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Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): M. B. Shah, D. M. Dharmadhikari, Satya Brata Sinha , JJJ

Criminal P.C. (2 of 1974) , S.203— Second complaint - Filing of, on same facts - Not completely barred. Cri. Petn. No. 591 of 1999, D/- 31-8-2001 (A. P.), Reversed. The second complaint would not be completely barred. There is no statutory bar in filing a second complaint on the same facts. In a case where a previous complaint is dismissed without assigning any reasons, the Magistrate under S. 203, Cr. P. C. may take cognizance of an offence and issue process if there is sufficient grounds for proceeding. Second complaint could be dismissed after a decision has been given against the complainant in previous matter upon a full consideration of his case. Further, second complaint on the same facts could be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.