Supreme Court of India · 2004-10-15
Poonam Chand Jain & Anr vs Fazru
- Citation / case number
- AIR 2005 SUPREME COURT 38
- Court
- Supreme Court of India
- Petitioner
- Poonam Chand Jain & Anr
- Respondent
- Fazru
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court addressed the issue of whether a second complaint can be filed after the dismissal of a first complaint under Section 200 of the Code of Criminal Procedure, 1973. The Court held that a second complaint is permissible only under exceptional circumstances and not merely as a repetition of the first. The High Court's decision to allow the second complaint was overturned, emphasizing that the principles of finality in litigation must be respected, particularly under Section 300 of the Code, which protects against double jeopardy.