SHANKARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 Cr.PC is directed against the order dated 01.8.89 passed by Sessions Judge, Bhilwara (for short the revisional court hereinafter) in criminal revision No.48/97, whereby the revisional court allowed the revision petition and set aside the order dated 08.10.95 passed by Judicial Magistrate No.1, Bhilwara (for short the trial court hereinafter) taking cognizance of offences under Sections 420 and 406 IPC against the non-petitioner Nos. 2 and 3. Aggrieved by the order impugned, the petitioner complainant has filed the instant revision petition.

(2.) I have heard the learned counsel for the parties. Perused the order impugned as also the record of the trial court. I have also gone through the order dated 08.10.2005 passed by the trial court whereby the trial court took the cognizance of the offences against the nonpetitioner Nos. 2 and 3.

(3.) It is contended by learned counsel for the complainant-petitioner that a case was instituted on a complaint filed by the petitioner-complainant, the trial court took cognizance of offences noticed above against the nonpetitioner Nos. 2 and 3 and issued a process vide order dated 08.10.85. That order came to be challenged by the non-petitioner No. 2 before the revisional court in which the petitioner-complainant was party-non-petitioner. The matter was posted for hearing of the revision before the revisional court on 15.5.89 and thereafter the next date for final arguments on the revision was fixed to 31.8.89.