(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
(2.) Present criminal revision application is directed against the order dated 8-6-2007 below exh. 17 in Sessions Case no. 53/2006 passed by the Adhoc Additional Sessions Judge - 2, Osmanabad.
(3.) Such of the facts as are necessary for adjudication of this criminal revision application can be summarised as under : . Respondent no. 2 herein lodged report on 4-6-2005 in Shiradhon police station, Tq. Kallamb, Dist. Osmanabad alleging that in the afternoon of 4-6-2005 at about 3.30 pm one Gopinath Dnyanoba Patil and Dharma Vitthal Pande assaulted his son with fists and kick blows. On the basis of this report, non-cognizable offence was recorded vide entry no. 16/2005 for offences punishable under section 323, 504, 506 read with section 34 of the Indian Penal Code. It further appears that again on 8-6-2005 one more report was filed by respondent no. 2 in the same police station alleging the incident dated 5-6-2005. In the said report, other than Gopinath Patil and Dharma Pande, names of present petitioners were also implicated. On the basis of this report, offence came to be registered at CR No. 68/2005 for offences punishable under section 302, 504, 506 r/w section 34 of the Indian Penal Code. On completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Kallamb. Charge sheet was filed only against Gopinath Patil and Dharma Pande ( these two persons are not before the court in this revision application). While filing charge sheet under section 173(4) of the Code of Criminal Procedure, an application cum report under section 169 of the Code of Criminal Procedure was moved before the learned Judicial Magistrate First Class, Kallamb, thereby dropping the prosecution against the present petitioners. It appears that before accepting this report, notice was served on respondent no. 2. After hearing respondent no. 2 and the learned APP, the learned Judicial Magistrate First Class, Kallamb accepted the report under section 169 of the Code of Criminal Procedure vide order dated 7-8-2006. By this order, application moved by respondent no. 2 was rejected and the report submitted by prosecuting agency dropping prosecution against the present petitioners under section 169 of the Code of Criminal Procedure was accepted. . Admittedly, this order passed by the learned Judicial Magistrate First Class, Kallamb was not challenged by respondent no. 2. It appears that in due course, after passing requisite committal order, trial against Gopinath Patil and Dharma Pande was committed to the Court of Sessions, Osmanabad. After committal of the trial, an application was moved by respondent no. 2 at exh. 17 before the learned Sessions Judge, Osmanabad, for re-investigation of the offence registered in Shiradhon police station vide CR No. 68/2005. Prayer was also made in the application to handover re- investigation either to CID or CBI and till then further proceeding in Sessions Case no. 53/2006 be stopped. Vide order dated 8-6-2007, learned Adhoc Additional Sessions Judge 2, Osmanabad allowed the application and investigation was handed over to CID, Osmanabad, which order is impugned in the present criminal revision.