KAMLA SHUKLA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The petitioner is the accused in the same incident. He is interested to lodge the counter claim for the same incident as has happened with her. To support the version for commission of offence by the private respondents, the petitioner has brought on record the injury report. The petitioner's application has been rejected and a liberty was given to the petitioner to lodge her claim through the complaint; whereas learned counsel for the petitioner submits that considering the nature of the case it requires deep investigation,which is not permissible in the proceeding of complaint and the case should necessarily be registered as a police case . So far as the registration of First Information Report in the nature of counter claim by the accused of the same incident is concerned, that has been dealt with by the Hon'ble Supreme Court in the case of Babubhai v. State of Gujarat and others, 2010 12 SCC 254. In the similar circumstances the Hon'ble Supreme Court has held that in case there are rival version in respect of the same episode, the investigation agency would take the same on two different F.I.Rs and investigation can be carried under both of them by same investigating agency and thus filing an F.I.R. pertaining to counter claim in respect of the same incident having a different version of events, is permissible.

(3.) In the light of the aforesaid version,I am of the view that the? court below has committed error in appreciation of facts and law. Therefore, I hereby quash the order impugned dated 20.12.2010 passed by the Additional Chief Judicial Magistrate, Court No. 2, Hardoi in Criminal Misc. Case No. 680 of 2010 as well as order dated 15.2.2011 passed by Special Judge SC/ST (P.A.) Act, Hardoi in Criminal Revision No. 2/2011 with the direction to the police concerned to register the First Information Report which is proposed by the petitioner to be lodged and thereafter proceed for investigation.