Shiv Kumar Sharma, J. - (1.) Instant criminal revision impugns the order dated September 25, 1997 of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa, whereby the application under section 439 (2) Cr.PC. moved by the petitioners for cancellation of bail of non-petitioner No.2 Mst. Farida was dismissed.
(2.) Brief resume of the facts is that FIR came to be lodged against the non-petitioner No.2 Farida on July 24, 1994 with the Police Station Dausa by the informant Tahir Hussain. A case under Sections 147, 323, 307, 448 and 379 IPC was registered and investigation commenced. It appears that Mst. Farida, moved an application under Section 438 Cr.P.C. before the learned Sessions Judge Dausa, as well as before the Court, but she was not granted bail. Second bail application bearing No. 4160 of 1994 under Section 438 Cr.RC. was moved by Mst. Farida but it was also rejected by this court on September 2, 1994. However, the Police Station Dausa after completing investigation submitted charge sheet under Sections 341, 325, 323/34 IPC and Mst. Farida was released on bail as ail the said offences were bailable.
(3.) On December 9, 1994 an application was moved by the Additional Public Prosecutor to the effect that cognizance under section 307 IPC. ought to have been taken. The learned Chief Judicial Magistrate Dausa vide its order dated March 12, 1996 returned the charger sheet back to the investigating officer with the direction to file a fresh charge sheet after proper investigation. Thereafter the learned Public Prosecutor moved an application for cancellation of bail granted to Mst. Farida. In the said application it was averred that as the investigating agency was of the view that Mst. Farida committed offences under sections 344, 325, 323/34 IPC She was released on bail by the investigating officer on May 6, 1994 and the learned trial court also released her on bail on the said ground. The learned Chief Judicial Magistrate vide order dated June 19. 1996 dismissed the application of the Additional Public Prosecutor. Thereafter the petitioners Kallu Khan and Tahir Hussain moved application under Section 439 (2) Cr.P.C. before the learned Special judge, SC/ST (Prevention of Atrocities) Cases, Dausa, but the learned Judge dismissed the application vide order dated September 25, 1997. Against this order that the present action for filing the revision has been resorted to by the petitioners Kallu Khan and Tahir Hussain.;