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Enquiry On Crime

Section 202 of the Crpc does not permit an Accused person to intervene in the course of inquiry by Magistrate u/s 202 .

When the complaint is dismissed u/s 203 of Crpc at the stage of section 200 itself or on completion of inquiry by the Magistrate u/s 202,or on receipt of the report from the police or from any person to whom the direction was passed by the Magistrate to investigate in to the allegation in the complaint,the effect of such dismissal is termination of the complaint proceedings.

There is no bar to the examination of a second complaint on the same subject but it can be entertained in exceptional circumstances viz
  1. where privious order was passed on incomplete record
  2. on misunderstanding of the nature of the complaint or
  3. the order which was passed was manifestly absurd, unjust or foolish or
  4. where New facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings

Ref Poonam Chand Jain vs Fazru ,AIR 2010 SC 659.

It has been held that the second complaint on the same issue could be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a misunderstanding of the Nature of complaint or it was manifestly absurd, unjust or where New facts could not , with reasonable diligence have been brought on record in the previous proceedings, have been adduced.

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