K.S. Rathore, J. - (1.) The present criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 19.02.2008 passed by the Additional Chief Judicial Magistrate (S.P.E. Cases), Jaipur District, Jaipur, whereby the application for amendment of the charge against the accused person in pending case No. 2/2001 has been rejected.
(2.) Learned counsel for the petitioner submits that earlier also the petitioner had preferred a misc. petition under Section 482 Cr.P.C. before this Court which was registered as S.B. Criminal Misc. Petition No. 808/2003 against the order dated 10.06.2003 passed by the Additional Chief Judicial Magistrate (S.P.E. Cases), Jaipur District, Jaipur in Criminal Case No. 2/2001, by which the application of the petitioner under Section 173(8) Cr.P.C. for further investigation was dismissed.
(3.) The co-ordinate Bench of this Court while disposing of the aforesaid misc. petition vide order dated 09.10.2006, observed that the petitioner shall be at liberty to file proper application before the trial Court at appropriate stage of the proceedings for arraying additional accused persons and for committal of the case, if any offence exclusively triable by the court of Sessions is disclosed from the evidence which may be led in the case and in case such an application is moved by the petitioner, the same shall be decided expeditiously as per law without being influenced by the fact that this Court has declined to direct further investigation in the case under Section 173(8) Cr.P.C.;