Code of Criminal Procedure, 1973–Sec. 156–Earlier complaint was dismissed for want of prosecution sanction–Order was not challenged by the victim and she submitted the successive complaint with the averments that the dismissal of the earlier complaint was not in accordance with law–Magistrate directed to commence the inquiry regarding the allegations–Justification–Held, Magistrate was not supposed to take the view that the earlier view was not correct–A second complaint for the same allegation cannot be entertained particularly when the victim has a right to challenge the order of dismissal of complaint–Impugned order is liable to be quashed and set aside.
