ASHOK BAJAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present is the petition for quashing of the complaint dated 23.2.1988 for violation of Drugs and Cosmetic Act, 1940.

(2.) Petitioner has sought quashment of the complaint inter alia on the ground that the complaint containing the same allegations was dismissed in default earlier on 30.10.1987 but the Drug Inspector filed a second complaint on 23.2.1988 on the same allegations. Thus, the second complaint is abuse of process of law. Notice of the petition was given. The State has filed reply wherein it has been stated that the earlier complaint has been dismissed in default on account of non-appearance of the complainant.

(3.) It is well settled that the second complaint can be filed only if there is manifest error, miscarriage of justice or discovery of new evidence which could not be adduced in spite of due diligence. Reference may be to Pramatha Nath Talukdar and another v. Saroj Ranjan Sarkar, 1962 air(SC) 876. In the present case, the complainant has not shown any of the exceptional circumstances as detailed by the Supreme Court.