Delhi APO 2005

Which one of the following statements is correct? Dismissal of complaint under section 203 results are

Verified Answer
A. bar to rehearing by the same Magistrate
B. bar to rehearing by any other Magistrate
C. bar to rehearing a fresh complaint on the same facts
D. no bar to rehearing a fresh complaint on the same facts

Explanation:

The dismissal of a complaint under Section 203 of the CrPC does not operate as a bar to the entertainment of a fresh complaint on the same facts, provided there are exceptional circumstances or new facts have come to light. However, a fresh complaint should not be entertained on the same facts without fresh evidence or exceptional circumstances.