KUMAR DAS Vs. BANCHHANIDHI BEHERA

JUDGEMENT

(1.) The short point that arises for consideration in this revision is whether a second complaint is barred under Section 300, CrPC where an original complaint in respect of the very same occurrence and the offence ended in acquittal of the accused persons in terms of Section 256(1), CrPC.

(2.) The factual matrix that gives rise to the question are set forth below:

(3.) Subsequently, on 29.11.1994 the complainant-O.P. filed a fresh complaint against the accused-petitioners for same offences arising out of the very same occurrence for which the petitioners were earlier acquitted Under Section 256(1), CrPC. The said complaint petition was registered as ICC No. 89 of 1994. The subsequent complaint is a verbatim reproduction of the earlier complaint in ICC No. 29 of 1994.