ASHUTOSH PANCHOLI Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) In this revision petition, the petitioner has assailed the order dated 25.7.2002 of Special Judge (Forged Currency Note Cases) Jaipur City in Cr. Rev. No. 202/01 thereby quashing order of ACJM No. 2, Jaipur City, dated 30.10.01, but directing the trial Court to take cognizance for offence under Sec. 420, Penal Code against the petitioner and to send the matter for further investigation to Information & Technology Department, so as to examine short comings of Computer.

(2.) Shri R.S. Rathore, learned counsel for the petitioner submits that the revisional court could not issue direction to the learned Magistrate for taking cognizance for offence under Sec. 420, IPC, but it should have only passed order keeping in view provisions of section 398, Cr.PC., which reads as follows :

(3.) Shri Rathore submits that revision petition be allowed and the matter be remanded to the revisional court with the direction to pass afresh order keeping in view provisions of section 398, Cr.PC.