VidhiSangh

Supreme Court of India · 05/11/2024

SUBRATA CHOUDHURY @ SANTOSH CHOUDHURY & ORS. versus THE STATE OF ASSAM & ANR.

[2024] 12 S.C.R. 1 · 2024 INSC 834

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Summary

The Supreme Court held that a second complaint repeating the same allegations against the same accused was not maintainable where the Magistrate had accepted a negative final report on the first complaint after considering the complainant's protest petition and hearing him, since that disposal was on merits and the core of both complaints was the same. The High Court erred in treating a second complaint as maintainable merely because the first was not dismissed after an inquiry under Section 202 or under Section 203 CrPC.

Issues

  1. Whether Section 300(1) CrPC barred the second complaint.
  2. When a protest (narazi) petition against a final report can be treated as a complaint.
  3. Whether, after acceptance of a negative final report on considering the protest petition and hearing the complainant, a fresh complaint on the same facts is maintainable.

Provisions considered

Held

Result

Appeal allowed; judgments of the High Court and the Additional Sessions Judge set aside; the CJM's order of 12.07.2012 restored and the complaint of 20.07.2011 rejected as not maintainable.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1.