SHAKUNTALA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) -This criminal revision has been filed for quashing the order dated 1.12.2006 passed by Chief Judicial Magistrate, Aligarh, in Misc. Case No. 84 of 2006, Smt. Shakuntala Devi v. Thakur Das and others, whereby learned Magistrate rejected the application under Section 156 (3), Cr. P.C. on the ground that the first information report had already been lodged regarding the incident by Thakur Das.

(2.) HEARD Sri Sudhir Dixit, learned counsel for the revisionist, learned A.G.A. and perused the material on record.

(3.) LEARNED counsel for the revisionist has contended that if the report was already lodged at the instance of Thakur Das it could not be a ground to reject the application filed by Smt. Shakuntala Devi because she had put up a cross version and cross case should have been directed to be registered and investigated. LEARNED counsel for the revisionist has placed reliance on the case of Kari Choudhary v. Smt. Sita Devi and others, 2002 (45) ACC 342 : 2002 (1) ACR 375 (SC). In that case the Apex Court has held that when there are rival versions in respect of same episode they would normally take the shape of two different first information reports and, therefore, investigation can be carried under both of them by same investigating agency.