accused and to proceed with the complaint. After dismissal of the said complaint, the second complaint was filed, in which certain additional facts were disclosed ... sufficient ground for proceeding with the second complaint, when a previous complaint on the same allegations was dismissed under Section 203 of the Code
passed by the Chief Judicial Magistrate, sirsa vide which the criminal complaint was dismissed for want of protection.
The facts which are necessary ... case was still at the initial stage when the said criminal complaint was dismissed for want of prosecution by the learned Chief Judicial Magistrate, Sirsa
fresh complaint to be filed and received by the Magistrate, the Magistrate is not competent to revive the complaint dismissed for default of the complainant ... file a fresh complaint. Further, there is no prohibition in the Criminal Procedure Code to revive the complaint dismissed for the complainant's default
neither the complainant was present nor the accused, consequently, the complaint was dismissed and accused was acquitted under Section 256 CrPC. The orders is reiterated ... complaints to Magistrate (Chapter XV), which deals with entertaining a complaint, examination of complainant and witnesses on oath and the dismissal of complaint under Section
connected matters Page 8
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dated 15.07.20I5 dismissed complaints bearing no 269/13 titled as
Hansraj Bansal V Abdul Ahad ... Gupta.
3.4 The trial court vide orders dated 15.07.2015 and 20.08.2015
dismissed complaints as mentioned hereinabove primarily on ground
that the petitioner has violated
second complaint made against the same person even though the second complaint may be connected with a previous complaint which has already been dismissed under ... dismissed complaint, or which is the same thing, entertaining a fresh complaint on the same allegations. In the present case the complaint was dismissed
complaint and the statements on oath, if he is of the
opinion that there is no sufficient ground for proceeding, the complaint
shall be dismissed ... having
committed offence have been made in the complaint and the complaint has
been dismissed by the Magistrate under Section 203 , has no right
altogether the entertainment of a second complaint
when a previous complaint on the same allegations
has been dismissed under s. 203 of the Code ... exist for entertainment of a
second complaint when on the same allegations a
previous complaint had been dismissed. The
question of the existence of exceptional
dismissing the complaint. [778 C-E]
773
2.(iii) Filing of a second complaint is not the same
thing as reviving a dismissed complaint after ... justified in directing the complaint to be sent back to the
Magistrate for further enquiry when the complaint was
dismissed under section 203 of Criminal
complaint.
2. Petitioner filed a complaint before District Consumer
Redressal Forum, Ernakulam, numbered as O.P.487 of 2003. It
was dismissed for default ... file a second
complaint, explaining why the earlier complaint could not be
WP(C)37468/04 10
pursued and was dismissed for default
