( 1 ) THE point involved in this revisional application is whether during pendency of the magisterial action over a complaint filed by the opposite party as complainant praying for direction for sending the petition of complaint to officer-in-Charge of a police station for causing investigation under section 156 (3) of Cr. PC; a second complaint over same set of facts and allegations filed by same complainant is maintainable.

( 2 ) THE facts giving rise to the revisional application as it appears from the revisional application and its annexures is that, the opposite party filed a petition of complaint in the Court of the learned Chief Metropolitan Magistrate (in short CMM), Calcutta which was registered as Case No. C/4941/01 and the opposite party complainant prayed for sending the complaint to the Deputy commissioner of Police, Detective Department, Lalbazar, Calcutta for causing investigation under section 156 (3) of Cr. PC treating the complaint as FIR. It appears that in the said complaint which is annexure P-4 the opposite party complainant mentioned that previously on 27. 8. 01 she lodged written complaint before the Deputy Commissioner of Police, Detective Department, Lalb

Click Here to Read the rest of this document