Subrata Choudhury @ Santosh Choudhury & Ors. vs. State of Assam & Anr. (SC)

Code of Criminal Procedure, 1973–Secs. 2(d) & 200–Second complaint was filed after dismissal of protest petition and the consequential acceptance of the final report in the first complaint–After acceptance of the final report, the matter was not taken forwarded further by the complainant–The second complaint was filed on 20-07-2011 reiterating, rather, reproducing the complaint and further adding allegation that the investigation pursuant the original complaint was done perfunctorily–Allegation against the investigation had already been rejected earlier as per order dated 06-06-2011 holding that the investigation did not suffer from any infirmity–Comparison of first and second complaint shows that they contain the same set of allegations against the same accused–CJM rightly hold that the second complaint was not maintainable–Impugned orders passed by the Sessions Court and High Court are liable to be set aside.