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Mohammad Mushfik (In Fir Mushfik Urf ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 April, 2026 cites

Pramatha Nath Taluqdar vs Saroj Ranjan Sarkar on 21 December, 1961

12. If the dismissal of the complaint was not on merit but on default of the complainant to be present there is no bar in the complainant moving the Magistrate again with a second complaint on the same facts. But if the dismissal of the complaint under Section 203 of the Code was on merits the position could be different. There appeared a difference of opinion earlier as to whether a second complaint could have been filed when the dismissal was under Section 203. The controversy was settled by this Court in Pramatha Nath Talukdar v. Saroj Ranjan Sarkar, (1962) 1 Cri LJ 770. A majority of Judges of the three-Judge Bench held thus : (AIR p. 899, para 48)
Supreme Court of India Cites 58 - Cited by 269 - S K Das - Full Document

Jatinder Singh & Ors vs Ranjit Kaur on 30 January, 2001

26. The said situation is mainly covered by the decision of this Court in Jatinder Singh case, wherein the decision in Pramatha Nath Talukdar case was also taken into consideration and it was categorically observed that in the absence of any provision in the Code barring a second complaint being filed on the same allegation, there would be no bar to a second complaint being filed on the same facts if the first complaint did not result in the conviction or acquittal or even discharge of the accused, and if the dismissal was not on merit but on account of a default on the part of the complainant.
Supreme Court of India Cites 9 - Cited by 69 - Full Document
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