NIKU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 8.9.2004 passed by the Sessions Judge, Hanumangarh (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 155/2004, whereby the Revisional Court set aside the order dated 21.6.2004 passed by the Chief Judicial Magistrate, Hanumangarh (for short, the trial Court" hereinafter) in Criminal Case No. 511/2004, and directed the trial Court to take cognizance of the offences under Sections 147, 452, 336, 323, 504/149 Indian Penal Code. against the petitioners and summon them by warrant. Aggrieved by the order impugned, the petitioners have filed the instant revision petition.

(2.) I have heard learned counsel for the parties. Perused the order impugned, as also the record of the trial Court.

(3.) It is contended by the learned counsel for the petitioners that in view the provisions of Section 398 of the Code, the Revisional Court ought not have directed the trial Court to take cognizance of the offences against the petitioners. Learned Public Prosecutor, assisted by the counsel for the complainant-respondent No. 2 has supported the impugned order.