THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2766 of 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.482 of 2007 on the file of the Judicial Magistrate of First Class, Adoni, Kurnool district. 2. The grievance of the petitioners is that earlier police laid charge sheet against the petitioners/accused and the same was registered as C.C. No.407 of 2007 for the offences punishable under Sections 498A I.P.C. and 3 and 4 of the Dowry Prohibition Act, 1961, but the learned Magistrate discharged A.2 to A.4 as no prima facie material is available on record against them, and the case is numbered as C.C. No.407 of 2007; but, thereafter, a private complaint is filed by the second respondent, and after examining the complainant and the witnesses present, again the trial Court has taken cognizance against the petitioners and the case is numbered as C.C. No.482 of 2007. 3. Legally, there is no bar for filing a second complaint provided some additional material is available for taking cognizance of the offence. But, when the allegations in both the complaints are one and the same, taking cognizance of second complaint is barred by the principle of issue estoppel, which means when an issue of fact has already been decided by the competent criminal court, the same cannot be subjected to re-agitation in the same proceedings or in the subsequent proceedings, before the same court. The issue of fact decided by the competent criminal court is that no offence is made out on the allegations leveled in the charge sheet and the documents filed along with it, and therefore, the petitioners 2 to 4 were discharged. That order has become final. Basing on the self-same set of facts, a private complaint is filed, which is not permissible under law. Further more, in view of the fact that the case against A.1 has already been pending as C.C. No.407 of 2007, prosecuting him again for the same offences on the same allegations, is not permissible under law. Therefore, continuation of the proceedings in C.C. No.482 of 2007 is nothing but abuse of process of Court. 4. The Criminal Petition is, accordingly, allowed. The proceedings in C.C. No.482 of 2007 on the file of the Judicial Magistrate of First Class, Adoni, Kurnool district are quashed. ----------------------- (K.C.Bhanu, J.) 13.08.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2766 of 2009 Date: 13.8.2010 Between: K.Ramachandrudu & others …Petitioners And State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2766 of 2009 13.8.2010