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october 2004

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.

Poonam Chand Jain & Anr vs Fazru · Niyam