There is no provision in the Code or in any other statute which debars a complainant from filing a second complaint on the same allegation as in the first complaint. There would be no bar in filing a second complaint on the same facts if the first complaint did not result in the conviction or acquittal or even discharge of the accused, and if the dismissal is not on merit but on account of a default on the part of the complainant. A second complaint would not be maintainable wherein the earlier complaint has been disposed of on full consideration of the case of the complainant on merit. A second complaint is permissible depending upon how the complaint happened to be dismissed at the first instance.
No bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. The Court explained the exceptional circumstances as :
- where the previous order was passed on incomplete record, or
- on a misunderstanding of the nature of the complaint, or
- the order which was passed was manifestly absurd, unjust or foolish, or
- where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings.
It is very clear that interest of justice cannot permit that after a decision has been given on a complaint upon full consideration of the case, the complainant should be given another opportunity to have the complaint enquired into again.