M.N. Bhandari, J. - (1.) HEARD learned Counsel for the parties and scanned the matter carefully.
(2.) PURSUANT to private complaint matter was sent for investigation in view of provisions of Section 156(3) CrPC. On investigation, police filed negative final report. The learned Magistrate accepted the same thereby refusing to take cognizance. A revision petition was filed by the complainant, which was then accepted and cognizance was taken against petitioners. Learned Counsel for petitioners submits that Revisional Court has no jurisdiction to take cognizance of the offence in view of Section 398 CrPC. If at all the revisional Court has accepted the revision petition the matter was required to be remanded to the Court below as per aforesaid provision. Hence, it is prayed to quash and set aside the impugned order dated 13.10.2009.
(3.) LEARNED Counsel for respondent No. 1 submits that if the order is quashed and set aside on the grounds urged by learned Counsel for petitioners then this Court can direct for remand of the case to the Magistrate concerned pursuant to the observations made by revisional Court.;