Supreme Court of India
Poonam Chand Jain and Anr. v. Fazru
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the second complaint in this case was on almost identical facts which was raised in the first complaint and which was dismissed D on merits.
Judgment, page 10
From the headnote
Code of Criminal Procedure, 1973: s. 203 - First complaint dismissed on merits - Second complaint filed on same facts without disclosing fact of dismissal of first complaint - Maintainability of - Held: An order of dismissal under s. 203 is no bar for entertaining a second complaint on the same facts but only in exceptional circumstances - On facts, core of both complaints was same .- Second complaint not covered within exceptional circumstances - In that view of the matter, the second complaint was not maintainable. The question which arose for consideration in the present appeal is whether
Where later benches applied it
- 2020 Samta Naidu & Anr. v. State of Madhya Pradesh & Anr.
- 2024 Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
- 2023 Cardinal Mar George Alencherry v. State of Kerala & Anr.
- 2018 V. Ravi Kumar v. State, Rep. by Inspector of Police, District Crime Branch, Salem, Tamil Nadu & Ors.
Of those, 1 relied on · 3 referred to
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