It is Impermissible for a Person to make multiple complaint against the same party for same incident: Supreme Court

The Apex Court has held that the same party’s multiple complaints against the same accused regarding the same incident are not permissible. The Bench opined that if the same party is allowed to file multiple complaints, the accused will be tangled in multiple criminal proceedings.

Background:

On 05/08/2012, filed a report alleging offences u/s 504,506 and 323 of IPC. Six years later, a filed private complaint in Magistrate’s Court against the accused u/s 200 of CrPC regarding the incident took place on 05/08/2012. This complaint mentioned offences u/s 429 IPC and Sections 11 and 10 of Prevention of Cruelty to Animals Act. The magistrate issued a complaint process, and the Sessions and High Court judge confirmed his order.

Before the Supreme Court, the accused challenged the validity of the private complaint and the other complaint as both were filed by the same person, against the same accused, regarding the same incident.

The Bench relied on Upkar Singh vs Ved Prakash, wherein the court held that further complaint filed by the same complainant against the same accused is prohibited under the Code and is barred u/s 162 of the Code.

According to the Court, the Magistrate should have examined the possibility of abuse of process of law and dismiss such a complaint at the very beginning. The Court stated that if the complainant wanted a speedy trial, he should have applied to Magistrate u/s 155(2) of CrPC.

The Court also remarked that the complainant suppressed that the police have already filed a charge sheet. The Court also observed that one accused was 76 years old while the other accused were suffering from various diseases.

In this regard, the Court observed that the accused should not be harassed in such a way.

The Court invoked its power under Article 142 and quashed both the complaints. 

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