Mahesh Chandra Sharma, J. - (1.) This misc. Petition has been filed by the, petitioner under Section 482 Cr.P.C. against the order dated 3.6.2011 passed by Additional Sessions Judge, Sawai Madhopur, in Criminal Revision Petition No. 5/2011 by which he rejected the revision petition of the petitioner filed against the order dated 14.12.2010 in Criminal Case No. 46/2008 wherein cognizance was taken against the petitioner for the offence under Sections 270 and 337 I.P.C.
(2.) Brief facts.of the case are that the complainant filed a complaint before the S.P., Swai Madhopur alleging that his wife has been duped and she was wrongly advised unlawful operation in order to earn money but her case of normal delivery and during operation a gauze of 25 x 16 cm was left in the body of the wife of the complainant and this fact revealed when his wife was shown to another doctor at Surat after Sonography and C.T. Scan.
(3.) The learned counsel for the petitioner has contended that the order taking cognizance is liable to be set aside. The Public Prosecutor appearing for the state and counsel for the complainant have stated that the Additional Sessions Judge has rightly rejected the revision petition against the order of taking cognizance after considering the material available on the record. I have gone through the order passed by the Additional Sessions Judge and the order taking cognizance. In my opinion the order rejecting the revision petition by the Additional Sessions Judge and the order taking cognizance by the Additional Chief Judicial Magistrate, Sawai Madhopur do not call for any interference in the inherent jurisdiction of this Court. However, the petitioner shall be at liberty to raise all the points raised in the criminal misc. petition at the appropriate stage before the trial Court.;