POONAM CHAND JAIN & ANR. Vs. FAZRU
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Head Note
The Code of Criminal Procedure, 1973 - Section 203 , Indian Penal Code,1860 - Section 420 , Section 120-B , Section 426
Practice & Procedure - Complaint dismissed - Complainant filing Second complaint on same facts - Second complaint on almost identical facts first complaint dismissed on merits - Second complaint not maintainable - Nothing disclosed in the second complaint which is substantially new and not disclosed in first complaint - An order of dismissed u/sec. 203 CrPC is no bar to the entertainment of second complaint as per SC judgment in Pramatha Nath Vs. Saroj Ranjan Sarkar - Second complaint is not covered within circumstances explained in Pramatha Nath case - Appeal allowed.
Topic(s)-
Important Decision(s)- An order of dismissed u/sec. 203 CrPC is no bar to the entertainment of second complaint.