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Dismissal Of Complaint

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

There is no bar in to the entertainment of second complaint on the same facts but it can be entertained in exceptional circumstances viz
  1. where the previous order was passes on incomplete record or
  2. on a misunderstanding on the nature of the complaint or
  3. the order which was passed was manifest ly 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.

It has been held that the second complaint on the same facts 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 manifest ly absurd ,unjust or where new facts which could not ,with reasonable diligence have been brought on record in the previous proceedings, have been abducted

Mahesh Chand vs B. Janardhan Reddy, AIR 2003 SC 702

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