MAHESH CHAND versus B. JANARDHAN AND ANR.

MAHESH CHAND versus B. JANARDHAN AND ANR.

There is no statutory bar to filing a second complaint on the same facts; a second complaint may be entertained only in exceptional circumstances, and the Magistrate must consider if a case for cognizance is made out.

Parties
Appellant: Mahesh Chand; Respondent: B. Janardhan
Jurisdiction
India
Judgment Date
04 December 2002
Procedural Posture
Criminal Appeal / Appeal From Andhra Pradesh High Court Judgment
Outcome
Appeal allowed; order of High Court set aside
Legal Topics
Second Complaint, Cognizance, Code of Criminal Procedure Sections 200, 203, 204
Criminal Procedure Second Complaint Cognizance Code of Criminal Procedure Sections 200, 203, 204

Case Brief

Summary, issues, holding and outcome

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Parties

Mahesh Chand

Appellant

B. Janardhan

Respondent

Procedural Posture

Criminal Appeal / Appeal From Andhra Pradesh High Court Judgment

Legal Issues

  1. 1 Whether filing a second complaint on the same facts is barred under Code of Criminal Procedure.
  2. 2 What are the circumstances under which a second complaint can be entertained.

Ratio Decidendi

There is no statutory bar to filing a second complaint on the same facts; a second complaint may be entertained only in exceptional circumstances, and the Magistrate must consider if a case for cognizance is made out.

Court Disposition

Appeal allowed; order of High Court set aside

Orders

  • Matter remitted to Magistrate for fresh consideration as to whether a case for cognizance of the alleged offence is made out.
  • No order as to costs.