Filing of second complaint on the same facts without disclosing the fact of the filing of the first complaint is not maintainable

Machindra Dattatraya Kokate and Others vs State of Maharashtra, Through Kotwali Police Station, Ahmednagar, Dist. Ahmednagar & Another

Bombay HC, Aurangabad Bench

05/07/2018

CRIMINAL WRIT PETITION NO . 1465 OF 2017

About/from the judgment:

Criminal Procedure Code, 1973 - Second Complaint on the same Facts - filing the second complaint without disclosing the fact of the filing of the first complaint muchless explaining the exceptional circumstances is a sheer abuse of the process of the law.

 

A second complaint, after the first is dismissed under Section 203 of the Cr.P.C. is normally not maintainable and would be maintainable only in exceptional circumstances. A second complaint on the same facts would be entertained only in exceptional circumstances where the previous order was passed on an incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd or unjust.

Read the Judgment

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