Second criminal complaint on same facts may proceed only in exceptional circumstances despite earlier final report acceptance.

Acceptance of a police final report does not create an absolute bar to a later complaint or protest petition on the same facts. A second complaint may be entertained only in exceptional circumstances, such as manifest error, miscarriage of justice, misunderstanding of the earlier complaint, an incomplete record, or genuinely new facts not previously available. The Magistrate must independently apply Section 204 CrPC and determine whether sufficient ground exists to proceed. The Court held that the later complaint was not barred in law and remitted the matter for fresh consideration of cognizance.

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Issues: Whether a second criminal complaint on the same facts is barred after an earlier complaint has been dismissed and a police final report has been accepted, and whether the Magistrate may still take cognizance and issue process in exceptional circumstances.

Analysis: Acceptance of a police final report does not create an absolute bar to cognizance on a subsequent complaint or protest petition. A second complaint on the same facts is maintainable only as an exceptional course, and the discretion under Section 204 of the Code of Criminal Procedure, 1973 must be exercised on sound grounds. Such a complaint may be entertained where the earlier dismissal resulted from manifest error, miscarriage of justice, misunderstanding of the complaint, an incomplete record, or where genuinely new facts not earlier available are shown. In the present matter, the prior complaint had been closed, but the High Court erred in treating the later complaint as completely barred in law.

Conclusion: The second complaint was not barred as a matter of law. The impugned order was set aside and the matter was remitted to the Magistrate to consider afresh whether cognizance of the alleged offences was warranted.

Ratio Decidendi: A second complaint on the same facts is not barred by statute, but it can be entertained only in exceptional circumstances demonstrating manifest error, miscarriage of justice, or genuinely new facts, and the Magistrate must independently determine whether sufficient ground for proceeding exists.

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