Awadesh Kumar Jha Vs. State of Bihar
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Head Note
The Code of Criminal Procedure, 1973 - Section 239 , Section 154 , Section 173 (8)
Second FIR - Discharge - Petition for - Cognizance of offence taken against appellants for offences punishable under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act, 1956 in first FIR - Same challenged by appellants in revision and it was found by revisional Court that no offence made out - Second FIR filed as appellants had furnished wrong information to the police as to their names, father's name and address during the course of investigation made on the first FIR - Substance of the allegations in the said two FIRs is different in substance - Allegation in the second FIR cannot said to be in the form of the part of same transaction with the alleged offences under the first FIR - Therefore, no question of further investigation could be made by the investigating agency on the alleged offences arisen as the term "further investigation" occurred under sub-Section (8) to Section 173 of Cr.P.C. connotes the investigation of the case in continuation of the earlier investigation with respect to which the charge sheet has already been filed - No reason either to interfere with the impugned order passed by the High Court or with the order of dismissal passed by the Judicial Magistrate on the application made under Section 239 of Cr.P.C. filed by the appellants.
Topic(s)-Second FIR - Matter different - No discharge