Second complaint by the same informant for the same occurrence and same accused persons is not maintainable.

Supreme Court Quashes Second Complaint Against Ranimol & Ors., Terms it Abuse of Legal Process Supreme Court Finds Filing of Second Complaint Unjustified, Citing Double Jeopardy Concerns

In a significant judgment delivered on November 18, 2025, the Supreme Court of India quashed a second complaint filed against Ranimol and others, asserting that such a complaint constitutes an abuse of the legal process. The apex court's decision came in response to an appeal by Ranimol and others against the State of Kerala and a second respondent who had initiated the second complaint.

The bench comprising Justices M.M. Sundresh and Satish Chandra Sharma examined the case, which revolved around a second complaint filed by the same informant concerning the same occurrence, after a negative report had previously been submitted regarding the appellants. The initial complaint, filed in 2015, had led to a trial against other accused persons, with the appellants being dropped from the investigation.

Despite the closure report, the second respondent filed another complaint invoking Section 200 of the Code of Criminal Procedure, 1973, adding a new offence under Section 308 of the Indian Penal Code, 1860. The High Court had dismissed the appellants' plea to quash the proceedings, prompting them to approach the Supreme Court.

The Supreme Court found that the filing of a second complaint for the same incident by the same informant was not maintainable. Citing the principle against double jeopardy, the court emphasized that the liberty of the appellants was at stake. The court drew upon the precedent set in the case of Surender Kaushik v. State of U.P. to support its decision.

The bench criticized the High Court for failing to exercise its jurisdiction under Section 482 of the Cr.P.C. to quash the vexatious proceedings. The Supreme Court's ruling set aside the High Court's order and quashed the proceedings against the appellants pending before the Judicial Magistrate.

The court clarified that its order would not affect the ongoing trial related to the initial First Information Report. With this decision, the Supreme Court has underscored the importance of preventing the misuse of the legal process, ensuring that individuals are not subjected to multiple proceedings for the same alleged offence.

Bottom Line:

Abuse of process of law - Filing of second complaint by the same informant for the same occurrence and same accused persons is not maintainable.

Statutory provision(s): Section 200 Cr.P.C., Section 482 Cr.P.C., Section 143 IPC, Section 147 IPC, Section 148 IPC, Section 149 IPC, Section 323 IPC, Section 324 IPC, Section 447 IPC, Section 308 IPC.

Ranimol v. State of Kerala, (SC) : Law Finder Doc Id # 2813832