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Supreme Court of India 2020-03-02 allowed

Samta Naidu & Anr vs State of Madhya Pradesh and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants challenged the acceptance of a second criminal complaint regarding alleged forgery of documents and misappropriation of vehicle sale proceeds, filed after an earlier complaint on the same facts had been dismissed for lack of prima facie case. The Supreme Court held that where a complaint is rejected on merits (not on technical grounds) after examination of evidence, filing a substantially identical second complaint with merely supporting material—available at the time of the first complaint—constitutes an abuse of process. The appeal was allowed, striking down the second complaint as impermissible.

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Criminal Procedure Abuse of Process Complaint Evidence Forgery Criminal Breach of Trust

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