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Dismissal of Complaint

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:

  1. Where privious order was passed on incomplete record
  2. On misunderstanding of the nature of complaint or
  3. The order which was passed was manifestly absurd ,unjust, or foolish or
  4. 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.

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