UDAY UMESH LALIT, VINEET SARAN
Samta Naidu – Appellant
Versus
State of Madhya Pradesh – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court emphasized that if the initial complaint was dismissed on the merits, a subsequent complaint based on the same facts is generally not maintainable (!) (!) .
A second complaint can be filed if it is based on new facts that could not with reasonable diligence have been previously presented. However, the second complaint should not be merely a reiteration of the same core allegations with additional supporting material unless there are exceptional circumstances (!) (!) (!) (!) (!) .
The dismissal of an initial complaint on merits constitutes a bar to filing a second complaint on the same facts, unless new and significant evidence or facts emerge that could not have been obtained earlier through reasonable diligence (!) (!) .
The law permits a second complaint if the first was dismissed on procedural grounds or due to default, but not if it was dismissed after a full consideration of the case on merit (!) (!) .
The core allegations in both complaints must differ substantially for the second to be considered maintainable. If the second complaint essentially repeats the same allegations and evidence as the first, it is likely to be dismissed as an abuse of process (!) (!) (!) .
The court highlighted that the second complaint in the case at hand was based on almost identical facts as the first, with only additional supporting material, and was therefore not maintainable (!) (!) .
The court reiterated that the purpose of these principles is to prevent abuse of the judicial process and unnecessary harassment, ensuring that complaints are based on genuine new facts or circumstances (!) (!) .
In conclusion, the court allowed the appeals and dismissed the second complaint as not being maintainable, emphasizing that the earlier complaint had been decided on merits and the subsequent one did not contain substantially new or different facts (!) (!) .
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JUDGMENT :
UDAY UMESH LALIT, J.
1. Leave granted.
2. These appeals arise out of the common judgment and order dated 12.02.2019 passed by the High Court[High Court of Madhya Pradesh, Principal Bench, Jabalpur] in Criminal Revision No.2996 of 2015 and Criminal Revision No. 2556 of 2016.
3. One G. S. Naidu, who owned a Maruti-800 vehicle of 1995 make, passed away on 12.12.2001 leaving behind his widow, three sons and a daughter (who was unmarried and has since then passed away). His second son (Complainant in the present matter) filed a complaint against his brother (the third son of G. S. Naidu) and his wife, submitting as under:-
"3. It is submitted that the father of the complainant namely Late G.S. Naidu passed away on 12.12.2001. A copy of the death certificate in this regard is enclosed herewith as Annexure A/1 with this complaint.
4. It is submitted that on 2.11.2010, the aforesaid vehicle has been sold by the respondent by putting forged signatures of the complainant's father on the Form 29 and 30 and also put forged signature on the affidavit annexed with Form No.29 and 30 knowing fully well that Late G.S. Naidu has passed away on 12.12.2001. A true copy of Form No.29 and 30 and
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