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2024 Supreme(Online)(SC) 11258

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE C.T. RAVIKUMAR, HON'BLE MR. JUSTICE SANJAY KAROL
SUBRATA CHOUDHURY @ SANTOSH CHOUDHURY – Appellant
Versus
THE STATE OF ASSAM – Respondent


J U D G M E N T

C.T. RAVIKUMAR, J.

Leave granted.

1.

An affirmative answer to the question of law raised before the High Court as to whether after the acceptance of a negative Final Report filed under Section 173 of the Code of Criminal Procedure, 1973 (for short, the ‘ Cr.P.C .’), upon considering the written objection/ protest petition and hearing complainant, a fresh complaint on the same set of facts is maintainable, by the Signature Not Verified High Court of Gauhati and the consequential Digitaly signed by VARSHA MENDIRATTA D 15a :t 3e 4: :2 20 12 I4 S. T11.05 confirmation of the order of the learned Additional Reason:

Sessions Judge, Cachar, Silchar in Criminal Revision Petition No.101/2012, as per judgment and order dated 08.01.2021 in Criminal Revision Petition No.95/2013 is under challenge in this appeal by special leave. As per the said judgment dated 08.01.2021, the High Court dismissed the revision petition and confirmed the order of the learned Additional Sessions Judge dated 28.02.2013 in Criminal Revision Petition No.101/2012 whereunder the order dated 12.07.2012 of the learned Chief Judicial Magistrate, Cachar, Silchar dismissing the complaint filed by the second resp

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