Second complaint
rishabh
(Querist) 16 March 2014
This query is : Resolved
I filed a complaint before M.M. u/s 190 CRPC to take cognizance u/s 467, 465, 468 471 IPC.
I closed my evidence immediately after my statement u/s 200 CRPC, alongwith some documents, assuming the evidences to be enough to make out a case for M.M.to proceed in the matter.A list of witness was already submitted but none of them was examined.
the complaint was dismissed by M.M. rendering the evidence adduced by me to be incredible as to make out a case against the accused.
Can I file a second complaint regarding the same allegation on the fact that, the witnesses cited by me in the list of witnesses were not examined by me u/s 200 CRPC and I have an indefeasible right to produce as much evidence as I can ?
Is it necessary to go through proceedure u/s 397 & 398 CRPC for further enquiry ?
venkatesh Rao
(Expert) 16 March 2014
You need to file a revision before the court of sessions.
Devajyoti Barman
(Expert) 16 March 2014
Yes, you better file Revision than making a fresh complaint.
Second complaint on same facts is not permissible.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
A revision before the high court against the dismissal order by the lower court will fetch you some relief.
ajay sethi
(Expert) 17 March 2014
agree with experts
rishabh
(Querist) 18 March 2014
I dont have any grievance with the order of M.M. and I closed pre summoning evidence myself.
The limitation period has expired already and I also have some new facts in hand. So, am I bound by the previous complaint to make the culprits behind bars?
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
If there are new developments, you may file a fresh private complaint before the magistrate court, but make sure that you add your witness to depose evidence at least this time in the initial stage.
Devajyoti Barman
(Expert) 18 March 2014
What do you mean by ' new development'?
Mere development of facts would not entitle you to file fresh complaint.
