LAWS(MAD)-2006-2-219

J ELANGOVAN Vs. P KARUPPAIAN

Decided On February 07, 2006
J ELANGOVAN Appellant
V/S
P KARUPPAIAN Respondents

JUDGEMENT

(1.) THE revision is filed challenging the order of dismissal of the private complaint filed by the petitioner herein under Section 203 of the Code of Criminal Procedure.

(2.) IN the private complaint, the petitioner has alleged that the accused in the said private complaint attacked the petitioner and others with hands and legs and committed offences punishable under Sections 147, 148, 323, 324, 341 and 307 of the INdian Penal code.

(3.) IT is the settled position of law that there can be only one complaint relating to an occurrence and there cannot be many a complaint setting out the very same facts and circumstances of an occurrence. Of course, there may be an occasion where counter-complaint may be there levelling allegation against the counter-party. In that case both will have to be registered and simultaneous trial of both the cases is contemplated under the scheme of Code of Criminal Procedure, but there cannot be two complaints emanated from the same group of parties on the same set of facts relating to the same occurrence.