The Supreme Court has held that multiple complaints by the same party against the same accused in respect of the same incident are unacceptable. Allowing multiple complaints by the same party in relation to the same incident, whether it is cognizable or a private complaint is a crime, will complicate the accused in several criminal proceedings, a bench of Justices Mohan M Shantanagoudar and Justice R Subhash Reddy said. On 5.08.2012, the complainant filed a non-cognizable report alleging an offense under Sections 323, 504 and 506, Indian Penal Code. Six years later, he filed a new personal complaint before the magistrate against the accused under Section 200 of CrPC in connection with the incident on 5.08.2012. The offenses first mentioned in this personal complaint referred to offenses under Section 429 IPC and Sections 10 and 11 under the Prevention of Cruelty to Animals Act, 1960.
The magistrate issued the procedure in this complaint. The Sessions Judge and later the Allahabad High Court upheld this order of the magistrate. In front of the apex court, the accused challenged the validity of the private complaint after a notice filed as NCR number 158/2012 – both by the same party, against the same accused, and in relation to the same incident was filed.
