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1 - 10 of 22 (0.24 seconds)The Code of Criminal Procedure, 1973
Section 300 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Prem Chand Singh vs The State Of Uttar Pradesh on 7 February, 2020
Even though this
attempt failed, the accused persons were found guilty of
criminal misappropriation and were convicted. Therefore, the
same transaction cannot again be revived after the death of the
father of the 2nd Respondent since his death does not give rise to
a fresh cause of action. It is now a well-settled principle of law
that a second complaint on identical facts is not maintainable
where the first complaint has already been dealt with on merits.
Useful reference can be made to the judgement of the Hon’ble
Supreme Court in Prem Chand Singh v. the State of U.P.,
reported in (2020) 3 SCC 5(paragraphs 11 to 13).