RANVIR SINGH versus STATE OF HARYANA & ANR.
The Supreme Court held that the Code of Criminal Procedure does not bar filing a second complaint if the first complaint did not result in conviction, acquittal, or discharge and was dismissed for default (such as non-filing of process fee) and not on merits. Therefore, a second complaint is maintainable under such circumstances.
- Parties
- Petitioner: Ranvir Singh; Respondent: State of Haryana; Respondent: Ved Wati
- Jurisdiction
- India
- Judgment Date
- 01 September 2009
- Procedural Posture
- Special Leave Petition (criminal) / Final Disposition by Supreme Court
- Outcome
- Special Leave Petitions dismissed
- Legal Topics
- Second Complaint Maintainability, Dismissal of Complaint, Code of Criminal Procedure, 1973, Prevention of Corruption Act, 1988
Case Brief
Summary, issues, holding and outcome
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Parties
Ranvir Singh
Petitioner
State of Haryana
Respondent
Ved Wati
Respondent
Procedural Posture
Special Leave Petition (criminal) / Final Disposition by Supreme Court
Legal Issues
- 1 Whether a second complaint under the same cause of action is maintainable when the prior complaint was dismissed for default, not on merits.
Ratio Decidendi
The Supreme Court held that the Code of Criminal Procedure does not bar filing a second complaint if the first complaint did not result in conviction, acquittal, or discharge and was dismissed for default (such as non-filing of process fee) and not on merits. Therefore, a second complaint is maintainable under such circumstances.
Court Disposition
Special Leave Petitions dismissed
Orders
- Both complaints are maintainable and judgment of the High Court does not warrant interference
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