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Supreme Court of India 2020-03-02 allowed

SAMTA NAIDU vs THE STATE OF MADHYA PRADESH

Bench: 2 — Uday Umesh Lalit, Vineet Saran

In Brief

A widow's second son filed two successive complaints alleging that his brother and sister-in-law forged their deceased father's signatures on vehicle sale documents (Forms 29 & 30) to sell the car without authority. The first complaint was dismissed for lack of prima facie case. The second complaint, filed over a year later, added supporting documents (credit note, registration certificate). The Supreme Court held the second complaint unmaintainable as abuse of process. The core allegations were identical; the additional material could have been procured earlier. Only exceptional circumstances—new facts not procurable by diligence, manifest error in the first order, or incomplete record—permit a second complaint after dismissal on merits.",

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Criminal Procedure Complaint Jurisdiction Maintenance of Second Complaint Abuse of Process Forgery Cheating

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