Dinesh Kumar Singh, J.

The present petition under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.215 of 2008 submitted in Case Crime No.323 of 2008, under Sections 420, 467, 468 and 471 IPC, Police Station Kaiserbagh, District Lucknow as well as the summoning order dated 22.10.2008 passed in Case No.4030 of 2008 and the entire proceedings of Case No.4030 of 2008.

2. The petitioner is a Post Graduate Doctor in Pediatrics discipline having M.B.B.S. M.D. (Pediatrics) from King George Medical College, Lucknow. On 16.4.2008 Mr. Sahid Parvez, complainant got his six months old son admitted in 'Harman Hospital', Cantt. Road, Lucknow in a very critical condition. It is said that the petitioner and one Dr. Mirza Waqar Beg attended the child, who are the qualified Pediatricians. According to their diagnosis, the child was suffering from Septicemia with brain hemorrhage. It is said that the petitioner and Dr. Mirza Waqar Beg along with two other doctors, namely, Dr. Satish Chandra Bose and Dr. Praveen Kumar Bharti both M.B.B.S. as a team attended the child and did their best efforts, but the child could not survive and he was declared dead on 18.8.2008 at 8.15 A.M. After the child died, family members of the child created ruckus in the hospital and damaged the hospital property and manhandled the doctors, nurses, para clinical staff and the other managerial staff. On information, the police came to the hospital. A complaint was given by the hospital administration against the persons involved in damaging the property and assaulting the doctors, nurses and para clinical staff.

3. The police registered the Non Cognizable Report on the complaint given by the hospital. However, on a complaint given by the father of the child, an FIR at Case Crime No.119 of 2008 under Section 304A IPC was registered against the named four doctors, including the petitioner.

4. Writ Petition Nos.4611 (MB) of 2008 (Dr. Mukesh Kesarwani Vs. State) and 6339 (MB) of 2008 (Dr. Mirza Waquar Beg vs. State) were filed before this Court. This Court stayed the arrest of the petitioner and Dr. Mirza Waquar Beg. However, vide order dated 28.8.2008 this Court finally disposed of the writ petitions taking on record the counter affidavit of the investigating officer Jagat Singh Verma. According to him, Sections 420, 467, 468, and 471 IPC had also been added on the basis of the information/statements recorded under Section 161 Cr.P.C. This Court while disposing of the writ petitions, directed the police not to arrest the petitioner without the permission of the Court during the investigation. After passing the aforesaid order whereby the police was restrained from arresting the petitioner, the Station House Officer allegedly directed the investigating officer to investigate the offence under Section 304 A IPC only.

5. The second FIR at Case Crime No.323 of 2008 under Sections 420, 467, 468 and 471 IPC relating to the same incident was registered separately on 4.8.2008 after a period of four months from the date of the first FIR. It is alleged that the second FIR of the same incident was registered to circumvent the restraint order regarding the arrest of the petitioner by this Court. The charge sheet was also submitted in pursuance to the second FIR in the court of Special Chief Judicial Magistrate (Customs), Lucknow. Learned Chief Judicial Magistrate has taken cognizance on the second charge sheet and issued summons on 22.10.2008 in Case No.4030 of 2008.

6. Learned counsel for the petitioner submits that for one incident, two FIRs cannot be registered by the complainant. In both the FIRs, the complainant is the same and the allegations are more or less same.

7. Heard Sri Yogesh Kesarwani, learned counsel representing the petitioner and Mr. Anurag Varma, learned AGA representing the State.

8. It is no longer res integra that there can be no second FIR and no fresh investigation on receipt of every subsequent information in respect of the same cognizable