Khem Chand Sharma, J. - (1.) Accused petitioners namely, Ram Charan S/o Chatur, Jugal S/o Ram Charan, Mahesh, Mukesh and Dinesh have filed this petition under Section 482 of the Code of Criminal Procedure against the order dated 9.5.2000 passed by the learned Sessions Judge, Karauli, whereby, he dismissed the Criminal Revision No. 24/1998 arising out against the orders dated 29.4.1998 and 16.6.1998 passed by the Chief Judicial Magistrate, Karauli in Criminal Case No. 169/1998 and affirmed the order taking cognizance for the offence under Sections 147, 323, 451 and 427 of the Indian Penal Code.
(2.) Briefly stated the relevant facts of the case are that on 1.8.1997 complainant non-petitioner No. 2 Rajendra lodged a complaint in the Court of Chief Judicial Magistrate, Karauli. The learned Chief Judicial Magistrate forwarded the complaint under Section 156 (3) Cr. P.C. to Police Station. Karauli for investigation, where F.I.R. No. 381/1997 was registered.
(3.) After investigation, police submitted final report No. 175 on 31st August, 1997. The complainant submitted the protest petition against the final report, but that too was dismissed in the absence of the complainant and final report was accepted on 10.2.1998. The complainant on the same day submitted the second complaint on the same allegations in the Court of Chief Judicial Magistrate. The learned Chief Judicial Magistrate on 24.2.1998, recorded the statements of complainant and his witnesses namely, Jugal Kishore, Lokendra, Kirori Lal and Brij Mohan. The learned Chief Judicial Magistrate on 29.4.1998 took cognizance against accused petitioners. Accused petitioners filed a review petition against the order of cognizance on 15.6.1998, which was dismissed by the learned Chief Judicial Magistrate on 16.6.1998. Accused petitioners preferred a revision against the order of cognizance in the Court of Sessions on 26.6.1998. The revision petition was dismissed by the learned Sessions Judge on 14.9.1998 holding it to be not maintainable. Accused petitioners submitted a petition under section 482 Cr. P.C. In this Court and this Court vide its order dated 22.2.2000 setaside the order dated 14.9.1998 and directed the learned Sessions Judge to decide the revision petition on merits. The learned Sessions Judge vide its order dated 9.5.2000 again dismissed the revision petition of the petitioners and hence the accused petitioners have submitted the present petition under section 482 Cr. P.C. in this Court.;