SOHAN LAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By this criminal miscellaneous petition, a challenge is made to the order dated 14.10.2008 passed by the Additional Sessions Judge, Laxmangarh, District - Alwar as well as the order dated 17.04.2008 passed by the learned Judicial Magistrate, Laxmangarh, Distirct - Alwar.

(2.) Learned counsel for the petitioner submits that, initially, a complaint was filed, wherein, order was passed under Sec. 156(3) Crimial P.C. The police registered FIR and, after investigation, negative Final Report (for short "FR") was given. After notice to the complainant, the FR was accepted vide order dated 21.11.2006. A second complaint was thereafter filed and cognizance was taken after recording statements under Sections 200 and 202 Crimial P.C. The order taking cognizance was challenged by maintaining a revision petition but it was dismissed ignoring the fact that second complaint was not maintainable after acceptance of FR.

(3.) My attention has been drawn to the judgment of this Court as well as Honourable Supreme Court in the case of " Hira Lal & ors Vs. State of Uttar Pradesh & ors", reported as 2009(1) WLC (SC) Criminal 769 . Therein, the issue regarding maintainability of second complaint was decided.