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december 1961

Supreme Court of India · 1961-12-21

PRAMATHA NATH TALUQDAR vs SAROJ RANJAN SARKAR

Citation / case number
SC 1961/127
Court
Supreme Court of India
Petitioner
PRAMATHA NATH TALUQDAR
Respondent
SAROJ RANJAN SARKAR
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that under Sections 200 to 204 of the Code of Criminal Procedure, 1898, a second complaint can be entertained if it presents fresh evidence or exceptional circumstances, even if the first complaint was dismissed. The Court clarified that the inquiry by the Magistrate is to determine if sufficient grounds exist for issuing process. The appeal was dismissed, affirming the High Court's decision to allow the second complaint despite the appellants' objections regarding its legality and the need for sanction under Section 196A.

PRAMATHA NATH TALUQDAR vs SAROJ RANJAN SARKAR · Niyam