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october 2004

Supreme Court of India · 2004-10-15

POONAM CHAND JAIN vs FAZRU

Citation / case number
SC 2002/22485
Court
Supreme Court of India
Petitioner
POONAM CHAND JAIN
Respondent
FAZRU
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

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 as a routine matter, emphasizing that the second complaint must not merely repeat the allegations of the first. The High Court's decision to allow the second complaint was set aside, affirming the Additional Sessions Judge's ruling that the second complaint was an improper attempt to re-open matters that had attained finality under Section 300 of the Code.

POONAM CHAND JAIN vs FAZRU · Niyam