levelled in the first complaint. Thus, prima facie,
the issue whether the second complaint is to be held
maintainable or not is to be judged ... first complaint can also be gone into
by the authority and therefore, the second complaint
is not possible to be held as maintainable
majority view is that the second complaint would
be maintainable if the dismissal of the first complaint
was not on merits.”
(Emphasis supplied ... second
complaint was only in the nature of supporting material; and the material
relied upon in the second complaint was not such which could not
applicants. Secondly, whether a second complaint in respect of the same offence by the same person is maintainable. Thirdly, two complaint cases filed ... once a second first information report regarding the same incident is held to be not maintainable on the same analogy the second complaint should also
learned Counsel for the petitioners submitted that the second complaint is not maintainable as the 'B' Summary Report submitted by the police ... contention of the learned Counsel for the petitioners that the second complaint is not maintainable is liable to be rejected.
7. He also further argued
which was not pursued, the second
complaint was maintainable. The Apex Court observed that a second narazi complaint is not
barred ... maintainability of second complaint. Once, the
first complaint is dismissed after full consideration, the second complaint on the same fact can
be maintainable only under
second
complaint would not be inhibited even by such
considerations. But at any rate the majority view
is that the second complaint would be
maintainable ... raised in the first complaint and
which was dismissed on merits. So the second
complaint is not maintainable. This Court finds
that the core
held that the said complaint could be taken as a
second complaint for the same occurrence and therefore not
maintainable.
In the instant case ... above decisions that taking cognizance in the second complaint,
makes the same not maintainable. I have no hesitation to follow
the said view
file a second complaint in
exceptional cases. But a second complaint is not maintainable
basing on the same set of facts.
11 Let me consider ... jurisdiction to entertain the complaint. If that is so, filing of the
second complaint in another Court is not maintainable viewed
from factual or jurisdictional
petitioners, since earlier complaint was closed, the FIR registered on the basis of the second complaint is not maintainable. Thus, the learned counsel ... absolutely there is no bar for entertaining the second complaint. The second complaint is not maintainable, only when the earlier complaint was disposed on full
court held that a second complaint is not completely barred nor is there any statutory bar in filing a second complaint on the same facts ... raised in the first complaint and which was dismissed on merits. So the second complaint is not maintainable. This Court finds that the core
