AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2002 (12) TMI 595
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....s, he filed a criminal complaint in the Court of the Additional Judicial First Class Magistrate, (West and South), Saroornagar in the District of Ranga Reddy against the respondent herein, alleging commission of offences under Sections 420, 426, 447 and 448 of the Indian Penal Code. It is admitted that two civil suits are also pending between the parties. The Investigating Officer, however, upon investigation of the matter came to the conclusion that the dispute between the parties was a civil dispute. He also arrived at a conclusion that the appellant herein had executed the acknowledgment. A case disposal report on the said basis was filed before the learned Magistrate. The appellant herein on or about 2nd September, 1998 filed a protest petition. The case disposal report filed by the police was accepted by the learned Magistrate. The complaint case filed by the appellant was also closed. The said order has not been questioned by the him. On or about 8th November, 2002, a third complaint was filed by the appellant herein purported to be under Section 200 of the Code of Criminal Procedure whereupon summons were issued upon the respondent. Questioning the said order, the r....
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....der what circumstances the said power can be exercised. The law in this behalf is no longer res integra. In Pramatha Nath Taluqdar's case (supra), Kapur, J, speaking for himself and Hidayatullah, J, as he then was, observed : "Therefore if he has not misdirected himself as to the scope of the enquiry made under s.202, Criminal Procedure Code, and has judicially applied his mind to the material before him and then proceeds to make his order it cannot be said that he has acted erroneously. An order of dismissal under s.203, Criminal Procedure Code, is, however, no bar to the entertainment of a second complaint on the same facts but it will be entertained only in exceptional circumstances, e.g., where the previous order was passed on an incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or foolish or where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings have been adduced. It cannot be said to be in the interests of justice that after a decision has been given against the complainant upon a full consideration of his case, he or any other person should be....
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....he fact that a previous complaint had been dismissed under s. 203 of the Code of Criminal Procedure was no bar to the entertainment of a second complaint. In Hansabai Sayaji v. Ananda Ganuji the question was examined with reference to a large number of earlier decisions of several High Courts on the subject and it was held that there was nothing in law against the entertainment of a second complaint on the same facts. The same view was also expressed in Ram Narain v. Panachand Jain, Ramanand v. Sheri and Allah Ditta v. Karam Baksh. In all these decisions it was recognized further that though there was nothing in law to bar the entertainment of a second complaint on the same facts, exceptional circumstances must exist for entertainment of a second complaint when on the same allegations a previous complaint had been dismissedI accept the view expressed by the High Courts that there is nothing in law which prohibits the entertainment of a second complaint on the same allegations when a previous complaint had been dismissed under s.203 of the Code of Criminal Procedure. I also accept the view that as a rule of necessary caution and of proper exercise of the discretion given to a Magist....
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....t" In Munilal Thakur's case (supra), the Division Bench of the Patna High Court was concerned with the question as to whether a Magistrate even after accepting final report filed by the police, can take cognizance of offence upon a complaint or the protest petition on same or similar allegations of fact; to which the answer was rendered in the affirmative. The question which has arisen for consideration herein neither arose therein nor was canvassed. In Jayashankar Mund's case, the Orissa High Court again did not have any occasion to consider the question raised herein. The Court held : "..Even though a protest petition is in the nature of a complaint, it is referable to the investigation already held by the vigilance police culminating in the final report and because the informant was not examined on solemn affirmation under S.202 of the Code, thereby no illegality or prejudice was caused to the accused. If such a view is accepted and there is no reason why such a view should not be accepted, the necessary, consequence in this particular case shall be that the protest petition which is of the nature of a complaint petition filed by the petitioner shall be in continuati....