The Supreme Court Bench consisting of Justice UU Lalit and Justice Vineet Saran has held in the matter of Samta Naidu & Anr. v. State of Madhya Praadesh & Anr. (2020) that a second complaint made based on the facts of the first complaint would not be maintainable in the Court of Law.

When the complaint in question had come before the Judicial Magistrate First Class, it was dismissed due to no valid case existing against the appellant. The matter was filed for revision and was later withdrawn in order to file a fresh complaint on the basis of certain new facts. The revisional court had noted that there was no permission required to do so as a new complaint could be filed at any time based on new facts.

Subsequently, the complainant, while filing the fresh complaint, relied on the same allegations and aided them with the help of certain new material. The JMFC while accepting a few of the contentions, rejected the others and this order was challenged by preferring a criminal revision by the complainant.

When this matter came before the High Court it held the second complain to be maintainable but dismissed both the revision petitions. Consequently, the Appellants approached the Apex Court in appeal.

The Supreme Court set aside the order of the High Court and allowed the appeals. It also held that a second complaint filed based on the facts of the first complaint shall not be maintainable.

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Link for Judgement: Samta Naidu & anr. v. State of MP