The application of judicial mind by the trial court in dismissing a complaint and the withdrawal of a revision petition do not permit the filing of a second complaint on identical facts.

JUDGMENT

Surya Kant, J. - Delay condoned.

2. Leave granted.

3. The appellant assails the Judgment and Order dated 30-08-2019 passed by the High Court of Judicature at Madras, Madurai Bench, whereby the High Court allowed the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, `the Cr.P.C.') filed by the respondents and quashed the Criminal Complaint viz. STC No.45 of 2017, filed under Sections 499 and 500 of the Indian Penal Code, which the appellant had filed against the respondents.

4. Briefly stated, the facts are that First Information Report No.345 of 2013 was registered against the appellant under Section 468 IPC before Tirucher Taluk Police, Tutukodi District at the instant of an Advocate who alleged that the appellant had taken huge amounts of money by assuring admission to candidates in various law colleges.

5. The factum of registration of the FIR and arrest of the appellant in that case was tele-casted and published in the TV and print media by the respondents.

6. The appellant having felt that the action of the respondents amounted to criminal defamation, filed a Criminal Complaint under Sections 499 and 500 IPC etc. which was, however, dismissed by the learned Judicial Magistrate on 28-04-2015 by passing the following Order:-

'Heard perused, it is alleged by the Petitioner that the Respondents broad-casted and published defamation against the Petitioner. On perusal of the available material which is revealed that the content of the Petitioner falls in the Fourth exception of U/s 499 of IPC. Hence, there is no prima facie case made out against the Respondents for the alleged offences. Hence, this Petition stands is dismissed.

7. The aggrieved appellant filed a Criminal Revision before the High Court but the same was withdrawn on 10-06-2015 in the following terms:-

'As per the endorsement made by the learned counsel appearing for the revision petitioner, this revision petition is dismissed as withdrawn with liberty to the petitioner to work out his remedy in the manner known to law.'

8. Thereafter, the appellant filed second Criminal complaint, i.e, STC 45/2017 in the Court of Judicial Magistrate at Tiruchendur which too was under the same provisions as was his first complaint.

9. It is hardly in dispute that the second complaint was replica of the first complaint with each and every averments being identical except that in the second complaint, the appellant added one more paragraph No.11, incorporating the factum of filing Criminal Revision before the High Court; rejection thereof and further claiming that he had filed a second complaint 'as per the order of the Hon'ble Madurai Bench of the Madras High Court'.

10. In the second complaint, learned Judicial Magistrate summoned the respondents which prompted them to file a Petition under Section 482 of the Cr.P.C. before the High Court, seeking quashing of the said complaint primarily on the ground that the second complaint on the same set of facts and circumstances was not maintainable. Vide impugned Judgment and Order dated 30-08-2019, the High Court allowed the petition filed by the respondents and consequently, the second complaint filed by the appellant has been quashed.

11. The High Court while reaching the said conclusion has held as follows:-

'Keeping the above principles in mind, let me now consider the issue. The averments made in the first complaint filed by the respondent, coupled with the sworn in statements of the witnesses were fully considered by the learned Magistrate. On considering the entire materials, the learned Magistrate has come to a conclusion that, the complaint squarely fall under fourth exception to Section 499 of IPC, he declined to issue the process to respondents and there was no prima facie case made out against the accused therein and dismissed the same. On a perusal of the earlier order, it could be seen that the learned Magistrate had duly applied his mind and on being satisfied that no prima facia case was made ou