ANURAG TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) This revision is preferred against the judgment and order dated 14- 3-2005 passed by the Chief Judicial Magistrate, Sant Ravi Das Nagar in Misc. Case No. 41 of 2005, Anurag v. Sushil and others, whereby application moved by the revisionist under Section 156(3), Cr.P.C. has been rejected.

(2.) Heard Sri G. S. Chaturvedi, Senior counsel assigned by Sri L. K. Dwivedi, counsel for the revisionist, Sri V. S. Misra, learned Government Advocate assisted by A.G.A. and Sri A.B.L. Gour, senior counsel assisted by Sri Saurabh Gour, Sri S.P.S. Raghav, Sri Dileep Kumar, counsel for newly impleaded respondents.

(3.) Relying upon the decisions of the Apex Court in Upkar Singh v. Ved Prakash, 2005 (26) All Ind Cas 91 : (2004 All LJ 3436 : 2004 Cri LJ 4219) (SC) and Karl Choudhary v. Mst. Sita Devi, 2002 (45) All Cri C 342 : (AIR 2002 SC 441 : 2002 Cri LJ 923), learned counsel for the revisionist contended that where a F.I.R. has been registered, a sec- ond F.I.R. of the same offence is not prohibited.