S.P. Pathak, J. - (1.) This revision petition under Section 397 read with 401 Cr.P.C. has been filed against the order dated 7.5.2003 passed by the Additional Sessions Judge, Jhunjhunu in Criminal Revision No. 165/2002 whereby the order of taking cognizance by the learned trial Court vide order dated 22.11.2001 passed by the Addl. Chief Judicial Magistrate, Jhunjhunu in case No. 629/01 has been set aside.
(2.) The contention of the learned counsel for the petitioner is that in the instant case, police after investigation submitted Final Report finding that no case was made out at all and while taking cognizance in the matter, learned Magistrate did not utter a word about final report, therefore, the order of taking cognizance requires to be set aside.
(3.) On the other hand, learned counsel for the respondents submits that revisional Court finding that there was no defamation and there was no material available on record, therefore, order passed by the learned trial Court was set aside.;