When the complaint is dismissed u/s 203 of the code at the stage of section
200 itself, or on completion of enquiry by the Magistrate u/s 202 or in receipt
of the report from the police or from any person to whom the direction was
issued by the Magistrate to investigate in to the allegation in the complaint,
the effect of such dismissal is termination of complaint procedure.
There is no bar to the entertainment of second complaint on the Same facts, but
it can be entertained in exceptional circumstances viz:
- Where privious order was passed on incomplete record
- On misunderstanding of the nature of complaint or
- The order which was passed was manifestly absurd ,unjust, or foolish or
- Where new facts could not with reasonable deligence, have been brought
on the record in the previous proceedings.
It has been held that the second complaint on the same facts could be
entertained only in exceptional circumstances, namely, where the previous order
was passed on an incomplete record or in a misunderstanding of the nature of
complaint or it was manifestly absurd ,unjust, or Where new facts which
could not with due deligence, have been brought on record in the previous
proceeding s, have been adduced.