JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. In present case, it is not in dispute that in regard to alleged occurrence took place on 13.03.2021, rival NCR were lodged.

2. It is further not in dispute that in cross NCR filed by applicants, after investigation, since it was found that a cognizable offence took place, therefore, a charge sheet was filed under Sections 323, 325, 504 IPC wherein cognizance was taken and opposite party no. 2 and others were summoned.

3. It is further not in dispute that in the NCR filed by complainant herein, a charge sheet was filed only under Sections 323, 504 IPC on 18.03.2021 whereon vide order dated 03.04.2023, in terms of Section 2(d) Cr.P.C., the charge sheet was considered to be a complaint case and present applicants were summoned and that order was not challenged at the instance of either party.

4. After filing of charge sheet as referred above for non-cognizable offence, complainant being felt aggrieved that no charge sheet was filed under Section 452 and 506 IPC i.e. cognizable offence, filed a criminal complaint on 01.10.2022 for same occurrence allegedly occurred on 13.03.2021. In the application, he has disclosed about NCR and for reference, rele