- (1.) This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for issuance of directions to respondents No.2 and 3 to register an FIR under Section 379 of the Indian Penal Code against respondent No.4.
(2.) It has been mentioned in the petition itself that the petitioner earlier approached this Court for the same relief by way of filing CRM No. M-77955 of 2006. The following order was passed on 18.8.2008:- "Counsel for the petitioner wishes to withdraw this petition with liberty to file appropriate criminal complaint before the competent court. Dismissed as withdrawn with liberty aforesaid."
(3.) It transpires that the petitioner did not file the criminal complaint. It is most unfortunate that for the same cause of action the second petition has been filed, although the earlier petition was dismissed as withdrawn with liberty to the petitioner to file a complaint. The said alternate remedy has not been availed of. Under the above circumstances, this petition cannot be entertained. Dismissed. Petition is dismissed.;