Udai Shankar Awasthi vs. State of U.P. & Anr, Criminal Appeal No. 61 of 2013, Decided on May 9th, 2013
The issue was whether second
complaint on the same facts is maintainable. The Hon’ble Supreme Court noted
the following case laws:
Shiv Shankar Singh v. State of
Bihar & Anr., (2012) 1 SCC 130, the court held:
“It is evident
that the law does not prohibit filing or entertaining of the second complaint
even on the same facts provided the earlier complaint has been decided on the
basis of insufficient material or the order has been passed without
understanding the nature of the complaint or the complete facts could not be
placed before the court or where the complainant came to know certain facts
after disposal of the first complaint which could have tilted the balance in
his favour. However, second complaint would not be maintainable wherein the earlier
complaint has been disposed of on full consideration of the case of the
complainant on merit”.
The Court also noted following
case laws:
Pramatha Nath Talukdar v. Saroj
Ranjan Sarkar AIR 1962 SC 876;
Jatinder Singh & Ors. v.
Ranjit Kaur AIR 2001 SC 784;
Mahesh Chand v. B. Janardhan
Reddy & Anr., AIR 2003 SC 702;
Poonam Chand Jain & Anr. v.
Fazru AIR 2005 SC 38
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