Vijay Bishnoi, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners while challenging the order dated 1.7.2010 passed by the Additional Chief Judicial Magistrate No.l, Bikaner (hereinafter referred to as 'the trial court') whereby the cognizance has been taken against the petitioners for offence punishable under Section 186 I.P.C.
(2.) Learned counsel for the petitioners has submitted that the complaint under Section 186 I.P.C. was filed against the petitioners by the S.H.O., Police Station, City Kotwali, Bikaner on 30.5.2010 regarding certain allegations against the petitioners to the effect that they have obstructed the public servant in discharging of public functions. Thereafter the investigation was handed over to the A.S.I. of Police Station, City Kotwali, who, after recording the statement of other police personnels, had submitted an application before the trial court with a prayer for taking cognizance against the petitioners for the offences punishable under Section 186 I.P.C. The trial court took cognizance against the petitioners for the offence punishable under Section 186 I.P.C.
(3.) It is contended that the S.H.O. of Police Station City Kotwali, Bikaner was incompetent to conduct enquiry on the complaint regarding commission of offence punishable under Section 186 I.P.C. without there being a direction of the Court because Section 155 Cr.P.C. bars such an enquiry. It is further contended that the learned trial court, without recording the statement of the witnesses, has proceeded to take cognizance against the petitioners for the offence punishable under Section 186 I.P.C. straight way on the complaint in illegal manner. Learned counsel for the petitioners has contended that the petitioners had moved an application before the trial court with a prayer for recalling the order dated 1.7.2010, however, the said application was rejected by the trial court vide order dated 14.6.2000 while holding that the trial court has no power of reviewing its own order. Hence, this criminal misc. petition.;