Allahabad High Court
Ramesh Babu Saxena vs State Of U.P. And 11 Others on 5 July, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- MATTERS UNDER ARTICLE 227 No. - 809 of 2021 Petitioner :- Ramesh Babu Saxena Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Agarwal,J.
1. None for the petitioner even though V.C. link was sent to Sri Sudhir Kumar, learned counsel for petitioner. Sri Gambhir Singh, learned AGA for the State is present.
2. This writ petition has been filed being aggrieved of order dated 04.08.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Budaun in Criminal Case No. 570 of 2017, Ramesh Babu Saxena vs. Jai Narayan and Others, whereby an application under Section 156(3) Cr.P.C., has been dismissed. Against this order, petitioner had filed a criminal revision no. 267 of 2017, that too has been dismissed by the learned VIth Additional Sessions Judge, Budaun vide order dated 28.01.2019.
3. As per the contents of the complaint, allegation is that complainant had married his daughter with one Navneet Saxena on 23.06.2010. Allegation is that Smt. Dayawati (mother-in-law) and Jai Narayan Saxena (father-in-law) along with Sushma, Poonam, Rajjo, Veeson, Neelam and Kusum (sister-in-laws) were torturing the daughter of the complainant and his son-in-law, but son-in-law was taking good care of Mala (complainant's daughter) and was teaching in Inter College. Since, Mala was not keeping good health, therefore, her in-laws wanted to throw her out of matrimonial home, so to remarry their son Navneet. As a result of which, Navneet committed suicide at about 4:30 pm on 27.04.2017. Despite best of the attempts, made by the complainant's daughter, to stop him from taking such extreme step. Thereafter, complaint was registered to register a case against the respondents, for which application was dismissed by learned Court of Additional Chief Judicial Magistrate, Budaun, on account of the fact that Case Crime No. 293 of 2017 is already registered at Police Station-Haja under Section 306 IPC and its investigation is already carried out by ASI-Pradeep Kumar.
4. Being aggrieved of this order dated 04.08.2017, revision petition was filed by the present petitioner, which too has been dismissed by the learned Additional Sessions Judge, on the ground that when already a case is registered, in relation to the same incident, then if a party desires to bring additional material, then they can file a complaint and there is no justification in registering second FIR, in relation to the same cause of action.
5. In case of T.T. Antony vs. State of Kerala, AIR 2001 SC 2637, it has been held that second FIR on same facts, is not permissible, though, police has a right to conduct further investigation and submit report in respect of offence disclosed in second FIR.
6. Thus, this finding of the Additional Sessions Judge, does not suffer from any illegality or infirmity and therefore, petition sans merits and deserves to be dismissed and is dismissed.
Order Date :- 5.7.2021 Vikram/-