RAKESH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision has been preferred against the order dated 3rd July, 2009 rendered by the Additional Sessions Judge No.2, Bharatpur whereby the learned Additional Sessions Judge allowed the criminal revision petition No. 12/2009 and set aside the order dated 6th January, 2009 passed by the Chief Judicial Magistrate, Bharatpur whereby the Chief Judicial Magistrate, Bharatpur took the cognizance of the offence under Section 58 of NDPS Act, 1985 and the offences under Sections 166,211,220,342,458 and 500 of Indian Penal Code and issued a warrant of arrest against the accused non petitioner No.2 Anil Agarwal to procure his appearance in the Court.

(2.) BACKGROUND facts, emerging in the instant case, in nut shell, are stated thus:

(3.) E Conta Mr. S.K. Gupta, learned counsel for the accused non revisionist No.2 as also the learned PP appearing for the State vehemently rebutted the submissions made by the learned counsel for the revisionist and contended that second revision was not maintainable under the provisions of Criminal Procedure Code, 1973.