A second complaint would not be maintainable if the first had been dismissed after a thorough examination of the case’s merits: Gauhati High Court

Law does not prohibit filing or entertaining second complaint even on the same facts, provided the earlier complaint has not been decided on the basis of insufficient material or order has been passed without understanding the nature of the complaint or complete facts could not be placed before the court or where the complainant came to know certain facts after disposal of the first complaint which could have tilted the balance in his favour. The judgment was passed by the High Court of Gauhati in the case of Subrata Choudhury @ Santosh Choudhury and 9 Ors v. State of Assam & Anr. [Crl.Rev.P./95/2013] by Single Bench consisting of Hon’ble Justice Mir Alfaz Ali.

The question raised in this revision petition is whether, after acceptance of the final report upon hearing the informant/complainant, a fresh complaint on the same set of fact is maintainable.

Learned Counsel for the petitioners submitted that the facts alleged in the original complaint, which was registered as FIR and the facts alleged in the present complaint in question were the same and therefore on the same set of facts, the second complaint is not maintainable after acceptance of the final report upon hearing the complainant. Further contention of counsel is that the protest petition filed by the respondent against the final report shall be treated as the first narazi complainant, and therefore, the subsequent complaint in question after the rejection of the protest petition is also not maintainable being a second narazi complainant.

Learned Counsel for the respondents submitted that acceptance of the final report is not a bar to a fresh complaint on the same facts, inasmuch as, such complaints are to be treated as narazi complainant. The further contention is that even if the objection petition filed by the respondent/complainant is taken to be the first narazi complainant, the second narazi complainant is also not barred by law.

In the instant case, “it is not the case of a second complaint being filed after the dismissal of the first complaint under Section 203 CrPC. Although, initially the informant lodged a complaint, the same was forwarded to police under Section 156 (3) CrPC for investigation, which was registered as FIR and after investigation final report was submitted. The final report was accepted by the learned Magistrate after giving the opportunity of being heard to the informant and thereafter the complaint in question was filed.” Therefore, filing of a complaint after acceptance of the final report, which is popularly known as narazi complaint and the second complaint after dismissal of the first one under Section 203 CrPC on full consideration does not stand on the same footing, inasmuch as, the narazi complaint after acceptance of the final report submitted under Section 173 CrPC cannot be considered as a second complaint.

While relying on the case of Shivshankar Singh Vs. State of Bihar & Anr, the court dismissed the petition and observed that“the Protest Petition can always be treated as a complaint and proceeded with in terms of Chapter XV of Cr.P.C. Therefore, in case there is no bar to entertain a second complaint on the same facts, in exceptional circumstances, the second Protest Petition can also similarly be entertained only under exceptional circumstances.”

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