WASIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition has been filed by the petitioners against the order dated 27.8.2014 whereby the Chief Judicial Magistrate, Banswara took cognizance against the petitioners for the offences punishable under Sections 498A, 406 and 323 I.P.C.

(2.) LEARNED Public Prosecutor has raised a preliminary objection to the effect that as per the judgment passed by this Court in Natwar Lal vs. State reported in : 2008 (1) Cr.L.R. (Raj.) page 617, this criminal misc. petition under Section 482 Cr.P.C. cannot be entertained as the petitioners have filed this criminal misc. petition directly before this Court without approaching the District and Sessions Court by way of filing revision petition while challenging the order passed by the Chief Judicial Magistrate of taking cognizance.

(3.) IN view of the aforesaid judgment, this criminal misc. petition is dismissed while granting liberty to the petitioners to file revision petition before the District & Sessions Court. The stay petition is also dismissed.