- (1.) D. P S. Chauhan, J. By means of the present petition under Section 482, Cr. P. C. the applicants Dhondhai and others who have been summoned by order of the Magistrate dated 11-11-1982 under Section 364, I. P. C. and those applicants have come up to this Court with the prayer for setting aside the order of summoning and quashing of the complaint.
(2.) HEARD learned Counsel for the applicant and learned Additional Public Prosecutor. Since the applicants have come up to this Court against the order of Magistrate dated 11-11-1982 summoning them under Section 364, I. P. C. Admittedly this order is revisable and applicants have not availed the remedy available to them, they are not entitled for invoking the jurisdiction of this Court under Section 482, Cr. P. C. specially when the remedy available has not been availed by them. Learned Counsel for the applicants submitted that it is the technical objection about the maintainability of the revision. He stated that the summoning order has been passed without complying with the mandatory provisions of Section 195, Cr. P. C. inas much as the applicant No. 9 is a public servant against whom final report has been submitted in the case giving rise to the complaint. Such objections can always be taken up before the appropriate Court. On this objection this Court is not supposed to interfere under Section 482, Cr. P. C.
(3.) I do not find any merit in this petition. The petition, is, accordingly dismissed. The interim order dated 19-2-1982 is hereby discharged. Application dismissed. .;