H.R.PANWAR, J. - (1.) BY the instant criminal misc. petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) the petitioners have challenged the order dated 03.11.2004 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta (for short 'the revisional court' hereinafter) in Criminal Revision No. 40/2004 (30/03), whereby the revision petition filed by the petitioners against the order dated 11.07.2002 passed by Judicial Magistrate, Merta (for short 'the trial Court' hereinafter) was allowed and while setting aside the order of the trial Court, the matter was remanded to the trial Court with a direction to keep in view the discussion made in the order with regard to cognizance and rehear complainant Nathi Devi and pass an appropriate order in accordance with law. Aggrieved by the order impugned to the extent directing the trial Court to pass a fresh order keeping in view the legal position with regard to cognizance, the petitioners have filed the instant petition.
(2.) I have heard learned counsel for the parties. Carefully gone through the order passed by the revisional court as well as by the trial Court. Learned counsel for the petitioners submits that the order impugned is beyond the scope of Section 398 of the Code to the extent directing the trial Court to keep in view the discussion made in the order regarding the appreciation of the law.
(3.) LEARNED counsel appearing for the non-petitioners submits that the petitioners have already availed one revision as envisaged under Section 397 and a second revision is barred by law under sub-section (3) of Section 397 of the Code.;