M.A.A. Khan, J. - (1.) Heard the learned counsel for the parties.
(2.) In this case, on the basis of First Information Report lodged by Ramphooi, Crime No. 194/94 for offences Under sections 147,148, 307, 336 and 452 Indian Penal Code was registered against the petitioners at police station Suroth, Distt. Sawai Madhopur. On investigation the police came to the conclusion that no offence, as reported by the complainant, had taken place in this case. Final Report Under section 169 Criminal Procedure Code was accordingly submitted. However, Ramphooi filed his protest petition whereupon the learned Magistrate recorded the statements of the complainant and his witnesses Under sections 200 and 202 Criminal Procedure Code and by his order dated 4.7.95 took cognizance of the offences Under sections 148, 448, 504 Indian Penal Code against the present petitioners. It appears that the petitioners challenged the order of the learned Magistrate before the learned Addl. Sessions Judge, Hindon who by his order dated 22.3.96 held that a revision petition against an order of taking cognizance was not maintainable before him. He accordingly directed the petitioners to approach the learned Magistrate and place their grievances before him. Instead of approaching the court of the Magistrate the petitioners have approached this Court Under section 482 Criminal Procedure Code.
(3.) The learned counsel for the respondent No. 2 took a preliminary objection to the effect that since the order of the learned Magistrate dated 4.7.95 has already been revised by the learned Addl. Session Judge in exercise of his powers Under section 397 Criminal Procedure Code, the same order cannot be again examined in the arb of a petition Under section 482 Criminal Procedure Code It was further submitted by the learned counsel for the respondent that as per directions of the learned Addl. Sessions Judge the petitioners should have approached the learned trial Magistrate and placed their grievances before him. The learned counsel for the petitioners, however, submitted that looking to the facts and circumstances of this case this Court should interfere Under section 482 Criminal Procedure Code;