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Supreme Court of India 2024-11-05 allowed

Choudhury & Ors vs The State of Assam & Anr

Bench: 2 — C.T. Ravikumar, Rajesh Bindal

In Brief

A complainant filed a complaint with a Magistrate, which was forwarded for police investigation. After investigation, police filed a negative Final Report. The complainant filed a protest petition, which was rejected by the Magistrate after hearing. The complainant then filed a second complaint on identical facts. The accused challenged its maintainability. The High Court dismissed the revision petition, holding the second complaint maintainable. The Supreme Court allowed the appeal, holding that where the core allegations of two complaints are identical and the first was disposed of on merits after hearing the complainant, a second complaint on the same facts is not maintainable. The Court restored the Magistrate's order dismissing the second complaint.

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Criminal Procedure Complaint and Prosecution Double Jeopardy Section 173 CrPC

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