- (1.) BEFORE entering into the merits of both these Misc. Petitions filed against the order of taking cognizance by the respective magistrates, it will be appropriate to first discuss the anomaly as to whether extraordinary or inherent powers of this Court by way of judicial review provided for under section 482 of the Criminal Procedure Code, 1973 in short 'the Code', and also the power of superintendence over the Courts of judicial magistrates for expeditious and proper disposal of cases under Section 483 of the code, can be exercised by this Court against those orders, which have attained finality or are not interlocutory orders and the remedy for redressal of grievance to the aggrieved party is available by way of a revision petition under Section 397 of the Code.
(2.) SINCE both these Misc. Petitions filed under Section 482 of the Code relates to challenge to the order of taking cognizance and issuing process, therefore, they are being disposed of by this common order.
(3.) IN Criminal Misc. Petition No. 289/2006 filed by Sanjay Bhandari, learned Judicial magistrate, Bhinder, Udaipur, took cognizance against him for the offences u/ss. 420 read with 120-B, IPC on 9-1-2006 on the basis of charge-sheet filed by the sho, P. S. Bhinder, Distt. Udaipur on the ground that the accused petitioner Sanjay bhandari obtained a hotel Rajmahal at bhinder from the complainant side on 9-11-2000 by way of an agreement for a period of five years on rent. In the name of this hotel business, the accused petitioner purchased number of valuable cars from foreign companies but never used those cars for the hotel and sold the same to other persons, thereby he obtained tax relief on one hand in the name of tourism business, without being performed and on the other hand, committed theft of custom duty. The rent of the hotel was also not paid after some time and committed cheating. The police after due investigation, submitted charge-sheet against the accused petitioner and on the basis of which the learned Magistrate has taken cognizance against the petitioner. Hence this Misc. Petition.;