ISA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973, (for short, "the Code" hereinafter), the petitioners have assailed the order dated 24/8/2004 passed by the Sessions Judge, Balotra . (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 22/2004, whereby the Revision Court allowed the revision filed by complainant/ non-petitioner No. 2 Murid Khan against the order dated 26.06.2004 passed by the Additional Chief Judicial Magistrate, Balotra (for short, "the trial Court" hereinafter) in Negative Final Report No. 17/ 2003 arising out of the C.R. No. 41/2003, Police Station, Mandali. Aggrieved by the order impugned, the petitioner has filed the instant criminal revision.

(2.) I have heard learned Counsel for the parties and perused the order impugned.

(3.) By the order dated 26/4/2004, the trial Court dismissed the protest petition filed by Non-petitioner No. 2 and accepted the negative Final Report No. 17/ 2003 filed by the Police arising out of C.R. No. 41/2003, Police Station, Mandali. That order came to be challenged by the Non-petitioner No. 2 before the Revisional Court. The Revisional Court, vide impugned order dated 24.08.2004, while allowing the revision and setting aside the order of the trial Court dated 26.06.2004, directed the trial Court to take cognizance of the offences under Sections 498-A and 304-B, IPC against the petitioners. Hence, this criminal revision.