Shashi Kant Sharma, J. - (1.) Since both the above mentioned S.B. Criminal Revision Petition and the Criminal Misc. Petition related to the same controversy, both are being decided by this common order.
(2.) S.B. Criminal Revision Petition No. 591/2000 filed by the petitioner Gulab, Ram Kishan and Balu Ram is is directed against the order dated 18th of October, 2000, passed by the learned Civil Judge (JD) and Judicial Magistrate 1st Class, Laxmangarh. District Sikar whereby, the learned Magistrate took cognizance for the offence under Section 436 IPC and issued non-bailable warrants to produce these accused petitioners.
(3.) The facts related to both the cases are that in the present matter a complaint was filed by the complainant non-petitioner Ishwar Ram against the accused petitioners for the offence under Section 436 IPC etc. The police after investigation, submitted a final report before the concerned Magistrate. The Magistrate recorded statements of the witnesses of the complainant non-petitioner and after consider the facts of the case accepted the final report vide order dated 18th April, 1998 and did not take cognizance against the petitioners. Against that order the complainant non-petitioner filed a revision petition before the learned Sessions Judge Sikar which was ultimately decided by the learned Additional Sessions Judge No. 2 Sikar (hereinafter referred to as 'the learned revisional court'). The learned revisional court vide order dated 17.6.2000 accepted the revision petition filed by the complainant non-petitioner and set aside the order of the trial court and directed the trial court to take cognizance against the accused persons and to try the case. Against that order of the revisional court, the petitioners have filed S.B. Criminal Misc. Petition No. 789/2000. Pursuant to the order of the learned revisional court, the matter went to the learned trial court and the learned trial court vide order dated 18th of October, 2000 took cognizance against the accused petitioners only on the ground of the order passed by the learned revisional court in the revision petition filed by the complainant non-petitioner. Against this order, S.B. Criminal Revisional Petition No. 591/2000 has been filed.;