JUDGEMENT
BANWARI LAL SHARMA,J. -
(1.) Petitioner-accused Banwari Lal Gupta preferred this misc. petition under Section 482 Cr.P.C. assailing the impugned order dated 17.08.2012 passed by learned Additional Sessions Judge No. 1 Kishangarhbas District Alwar in criminal Revision Petition No. 9/2012 whereby learned lower Revisional Court while dismissing the revision petition affirmed the order of learned Additional Chief Judicial Magistrate, Kishangarhbas dated 03.02.2012 by which learned trial Court ordered to frame charges for offence punishable under Sections 420, 467, 468 and 471 I.P.C.
(2.) The brief facts of the case are that respondent No. 2- complainant Suresh Kumar submitted a report before S.H.O. Police Station Khairthal District Alwar (Annexure-2) stating therein that:-
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(3.) On the said report FIR No. 112/2004 under Sections 420, 467, 468 and 471 I.P.C. was registered at Police Station Khairthal, District Alwar and investigation commenced, after investigation Police submitted charge-sheet against the petitioner accused and other co-accused Abdul Sattar, Ramanand, Israil and Gurubux Singh for offences punishable under sections 420, 467, 468, 471 and 120B IPC, on which learned trial Court took cognizance for the aforesaid offences. The order of cognizance was assailed by the petitioner before this Court in S. B. Criminal Misc. Petition No. 1000/2006 which was dismissed vide order dated 29.02.2008 by the co-ordinate Bench of this Court in absence of petitioner and his counsel. Thereafter, S. B. Criminal Misc. Application No. 747/2008 was filed by the petitioner for recalling the order dated 29.02.2008, which was rejected by the co-ordinate Bench of this Court vide order dated 16.04.2008 but in the aforesaid order it was observed that " the petitioner is always at liberty to raise these legal questions at the time of framing of charges". Thereafter, vide order dated 03.02.2012 learned trial Court after hearing on charge, framed charges under Sections 420, 467, 468 and 471 IPC against the petitioner-accused and co-accused which was assailed in revision petition, the revision petition was dismissed vide impugned order dated 17.08.2012 (Annexure-7) by learned Additional Sessions Judge No. 1 Kishangarhbas.;
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