NAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) THE important question that arises for consideration in this petition is whether the second complaint filed under Section 200, cr. P. c. is maintainable when the 'b' report was accepted by the court without there being a protest petition.

(2.) HEARD.

(3.) THE learned counsel for the petitioners submitted that the secondcomplaint is not maintainable as the 'b' summary report submitted by the police was accepted by the court as the respondent failed to file any protest petition before the 'b' summary report was accepted by the court. He further contended that the order passed by the learned magistrate accepting the 'b' summary report was confirmed by the high court in the revision petition. The respondent filed the second private complaint on the same allegations as made in the earlier complaint before the same court suppressing the fact that the revision petition was filed before the court which subsequently came to be rejected and the learned magistrate has directed the police to investigate into the offence. Therefore, the said order is illegal and unsustainable. He also further submitted that the complainant has not brought out any changed circumstances. Therefore, the petition may be allowed setting aside the impugned order and the complaint be dismissed.