Court Rules Second Complaint on Same Facts as First Dismissed Complaint is Not Maintainable
In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against Vishal Kumar Saroj, filed under Sections 323, 325, 326, 504, and 506 of the Indian Penal Code. The judgment was delivered by Justice Brij Raj Singh, who upheld the principle that a second criminal complaint on the same facts and allegations as a previously dismissed complaint is not maintainable.
The case originates from an incident on May 28, 2015, where the applicant's brothers and father were allegedly murdered, leading to the filing of an FIR by the applicant. In retaliation, the opposite party filed an application under Section 156(3) of the Cr.P.C., resulting in an FIR against Saroj and others. The investigation culminated in a final report, which was accepted by the Magistrate after dismissing a protest application filed by the opposite party. A revision petition was also dismissed by the Sessions Court.
Despite these developments, the opposite party filed a second criminal complaint based on the same incident, prompting the applicant to seek quashing of the proceedings. The High Court, referencing the Supreme Court's judgment in the Subrata Choudhury case, concluded that the second complaint was not maintainable as the first complaint had been dismissed after full consideration of merits.
The court emphasized that once a final report is accepted and a protest petition is rejected, filing a subsequent complaint on identical facts is barred. The judgment underscores the binding nature of Supreme Court rulings on similar legal issues.
Justice Singh further noted that the opposite party's revision against the acceptance of the final report was dismissed, leaving them with the option to pursue legal remedies against the revisional court's order. The judgment reinforces the legal principle that the dismissal of a complaint after thorough consideration prevents the filing of subsequent complaints on the same grounds.
Bottom Line:
Second criminal complaint under Section 200 Cr.P.C. based on the same facts and allegations as the first complaint, which was dismissed after full consideration, is not maintainable.
Statutory provision(s):
- Section 200 Cr.P.C.
- Section 202 Cr.P.C.
- Section 203 Cr.P.C.
- Section 204 Cr.P.C.
- Section 482 Cr.P.C.
- Sections 323, 325, 326, 504, 506 IPC
Vishal Kumar Saroj v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2844713
