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    <title>2005 (4) TMI 641 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>A summons-case complaint dismissed under Section 256 CrPC after the accused has appeared operates as an acquittal, and that order cannot ordinarily be reviewed or recalled by the Magistrate without statutory power. Once such an acquittal attains finality, the proper remedies are appeal, revision, or inherent jurisdiction, not a fresh verbatim complaint on the same allegations. A second complaint may be considered only in exceptional situations such as manifest error, manifest injustice, or newly discovered facts, and those exceptions were not present here. The fresh complaint and resulting summoning proceedings were therefore treated as an abuse of process and liable to be quashed.</description>
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    <pubDate>Mon, 25 Apr 2005 00:00:00 +0530</pubDate>
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      <title>2005 (4) TMI 641 - PUNJAB AND HARYANA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301004</link>
      <description>A summons-case complaint dismissed under Section 256 CrPC after the accused has appeared operates as an acquittal, and that order cannot ordinarily be reviewed or recalled by the Magistrate without statutory power. Once such an acquittal attains finality, the proper remedies are appeal, revision, or inherent jurisdiction, not a fresh verbatim complaint on the same allegations. A second complaint may be considered only in exceptional situations such as manifest error, manifest injustice, or newly discovered facts, and those exceptions were not present here. The fresh complaint and resulting summoning proceedings were therefore treated as an abuse of process and liable to be quashed.</description>
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