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Supreme Court of India 2020-03-02 allowed

SAMTA NAIDU & ANR vs STATE OF MADHYA PRADESH AND ANR

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

A man's death in 2001 left a vehicle he owned. In 2010, one son discovered his brother and sister-in-law had sold the vehicle using forged signatures of their deceased father. When the initial complaint was dismissed for lack of prima facie evidence, a second complaint was filed with additional supporting documents (credit note and registration certificate). The Supreme Court held that since both complaints contained identical core allegations and the additional material could have been procured with reasonable diligence earlier, the second complaint was not maintainable. The Court emphasized that complainants cannot proceed piecemeal, filing successive complaints on the same facts with supporting documents added gradually.

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Criminal Procedure Complaint and Cognizance Second Complaint Forged Documents Abuse of Process

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