Court No. - 79
Case :- CRIMINAL REVISION No. - 3471 of 2021 Revisionist :- Riyaz Khan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This revision has been filed for setting aside the order dated 08.11.2021 passed by Chief Judicial Magistrate, Jhansi in Crl. Misc. Case No.1254 of 2021, under Section 156 (3), Police Station Kotwali, District Jhansi.
Learned counsel for the revisionist has submitted that opposite party No.2 has already moved one application under Section 156 (3) Cr.P.C., which was registered as Criminal Misc. Case No.182 of 2021, the same was dismissed due to non prosecution on 26.07.2021, and thereafter, another application, under Section 156 (3) Cr.P.C. was moved, which was registered as Criminal Misc. Case No.1254 of 2021, in which order was passed by the Chief Judicial Magistrate, Jhansi for registering the FIR and investigate the case. He further submitted that second application under Section 156 (3) Cr.P.C. is not maintainable, therefore, indulgence of this Court is necessary.
Learned A.G.A. opposed the prayer of revisionist and submitted that earlier application under Section 156 (3) Cr.P.C. was moved with the prayer for lodging of the FIR, but the same was dismissed for non prosecution and opposite party No.2 again filed fresh application, under Section 156 (3) Cr.P.C. on which order was passed and there is no bar for moving the subsequent application under Section 156 (3) Cr.P.C., in case, the first was rejected due to non prosecution, therefore, there is no illegality in the order passed by the court below.
Considering the arguments of learned counsel for the revisionist as well as learned A.G.A. and going through the entire records, it is evident that first application under Section 156 (3) Cr.P.C. was dismissed due to non prosecution, and thereafter, another application was moved with a request for lodging the FIR and investigate the matter, which was allowed by Chief Judicial Magistrate and there is no bar for moving second application for registering the FIR. I am of the opinion that order passed by the court below is strictly in accordance with law and the same does not suffer from any illegality, infirmity and irregularity which may call for any interference by this Court.
The present revision lacks merit and is accordingly dismissed.
Order Date :- 21.12.2021 Amit/-