Gopal Krishan Vyas, J. - (1.) By way of filing the present petition under Section 482, Criminal Procedure Code., the petitioners have challenged the order dated 2.1.2003 passed by Chief Judicial Magistrate, Sirohi in Criminal Case No. 4/2003 so also the order dated 29.10.2005 passed by Chief Judicial Magistrate, Sirohi, dismissing the miscellaneous application filed by the petitioners for dropping the criminal proceedings pending against them in Criminal Case No. 4/2003. Further, it is prayed that the criminal proceedings pending against the petitioner may ordered to be dropped.
(2.) Before dealing with the controversy involved in the present case, it is worthwhile to mention here that earlier the petitioners preferred a miscellaneous petition being S.B. Criminal Miscellaneous Petition No. 306/2003 before this Court wherein the order of cognizance was challenged. The said petition came to be decided by this Court vide order dated 10.11.2003. The operative portion of the said order dated 10.11.2003 reads as follows: "Consequently, the miscellaneous petition is dismissed without prejudice to the rights and contentions of the parties in case raised before the trial Court. It will be open for the petitioner to file an appropriate application for dropping the proceedings. If an appropriate application is filed, the same shall be disposed of by the trial Court in accordance with law."
(3.) In pursuance of the aforesaid order dated 10.11.2003 passed by this Court the petitioners -moved appropriate application before the learned trial Court but the learned trial Court rejected the application while following the judgment rendered by Hon'ble Supreme Court in case of Adalat Prasad v. Rooplal Jindal, reported in 2004 Cr.L.R. (SC) 800 , wherein the Hon'ble Supreme Court has held that there is no provision for recalling/ reviewing the order passed by trial Court and it was further observed that the order of cognizance can be challenged by way of filing petition under Section 482, Criminal Procedure Code.;