Filling of second complaint on same facts
It is settled law that there is no statutory bar in filing a second complaint on the same facts. In a case where a previous complaint is dismissed ;
- Order is passed without assigning any reasons.
- Order is passed violating the principle of natural justice.
- On the basis of insufficient materials.
- The Order is passed without understanding the nature of the complaint.
- The Complete Fact could not be placed before the court.
- Where the complainant came to know certain facts after disposal of the first complaint which could have tilted the balance in favour.
- If there are some new facts or even on the previous facts if the special case is made out.
- Dismissal of a complaint on the ground of default.
- It was manifestly absurd, unjust or foolish or where new facts which could not with reasonable diligence, have been brought on the record previously.
However, second complaint wpold not be maintainable wherein the earlier complaint has been disposed of on full consideration of the case on merit.