Samta Naidu vs The State Of Madhya Pradesh on 2 March, 2020
“26. While considering the issue at hand in
Shivshankar Singh v. State of Bihar20 this Court, after
considering its earlier judgments in Pramatha Nath
Talukdar v. Saroj Ranjan Sarkar2, Jatinder Singh v.
Ranjit Kaur12, Mahesh Chand v. B. Janardhan Reddy15
and Poonam Chand Jain v. Fazru21 held: (Shivshankar
Singh case20, SCC p. 136, para 18)
“18. … it is evident that the law does not
prohibit filing or entertaining of the second
complaint even on the same facts provided
the earlier complaint has been decided on the
basis of insufficient material or the order has
been passed without understanding the
nature of the complaint or the complete facts
could not be placed before the court or where
the complainant came to know certain facts
after disposal of the first complaint which
could have tilted the balance in his favour.
However, second complaint would not be
maintainable wherein the earlier complaint
19
(2013) 9 SCC 245
20
(2012) 1 SCC 130
21
(2004) 13 SCC 269
Criminal Appeal Nos.367-368 of 2020 @ SLP(Crl.