Criminal Procedure Code, 1973, Sections 2(d), 190(1)(a), 200, 203 and Explanation to Section 300

Criminal Procedure Code, 1973—Sections 2(d), 190(1)(a), 200, 203 and Explanation to Section 300—Second complaint on same facts—Whether maintainable?—Held, the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been passed without understanding the nature of the complaint or the complete facts could not be placed before the court or where the complainant came to know certain facts after disposal of the first complaint which could have tilted the balance in his favour—However, second complaint would not be maintainable wherein the earlier complaint has been disposed of on full consideration of the case of the complainant on merit.

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