RAJEEV KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned A.G.A. for the State.

(2.) THIS application has been filed challenging the order dated 10-5-2005 passed by the Sessions Judge, Sonebhadra in Criminal Revision No. 89 of 2004, Gulab Rai v. State and others, under S.147, S.323, S.435, S.427, S.504 I.P.C., Police Station Robertsganj, District Sonebhadra whereby the order dated 12-10-2004 passed by the Magistrate under S.156(3) Cr.P.C. has been set aside.

(3.) LEARNED counsel for the applicant has cited two decisions of this Court, Vipin Chaudhary and Others v. State of U.P. and Another, 2005 (1) U.P. Criminal Rulings : 2005 All LJ 782, I have gone through the said judgment and I am of the view that it does not help the applicant. While dismissing the application of the applicant this Court had followed the decision of Upkar Singh's and T. T. Antony's cases (supra) and clearly said that the prohibition noticed by this Court does not apply to the counter complaint by the accused in the first complaint or on his behalf alleging different version of the said incident.