F.C. Bansal, J. - (1.) In this revision petition, the petitioner has assailed the order dated 25.7.2002 of Special Judge (Forged Currency Note Cases) Jaipur City in Cr. Rev. No. 202/01 thereby quashing order of ACJM No. 2, Jaipur City, dated 30.10.01, but directing the trial Court to take cognizance for offence under Section 420, IPC against the petitioner and to send the matter for further investigation to Information & Technology Department, so as to examine short comings of Computer.
(2.) Shri R.S. Rathore, learned counsel for the petitioner submits that the revisional court could not issue direction to the learned Magistrate for taking cognizance for offence under Section 420, IPC, but it should have only passed order keeping in view provisions of section 398, Cr.PC., which reads as follows : "398. Power to order inquiry On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of sub - section (4) of section 204 or into the case of any person accused of an offence who has been discharged : Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made."
(3.) Shri Rathore submits that revision petition be allowed and the matter be remanded to the revisional court with the direction to pass afresh order keeping in view provisions of section 398, Cr.PC.;