A Vs. B

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure (for short the Code), the judgment and order dated, September 28,1995. of Sessions Judge, Jhunjhunu, in Criminal Revision No. 27/92 confirming the order of Additional Chief Judicial Magistrate, Jhunjhunu, dated January 4, 1992 is being challenged by the petitioners.

(2.) A Criminal case being F.I.R. No. 60/89, was registered at Police Station, Manawa Under Section. 498A and 304B, I.P.C. The investigation in the matter was made by several Investigating Officers and finally, a negative report, which is popularly known as Final Report (F.R.) was submitted in the Court of Additional Chief Judicial Magistrate, Jhunjhunu. A protest petition was filed by the complainant challenging the -findings of the Investigating Agency. The learned Magistrate, after considering the entire material on record and taking into consideration all the facts and circumstances, took cognizance against non -petitioner -Habra Mal only and declined to take cognizance against other accused -non -petitioners vide order dated, January 4, 1992. This order Was challenged by the complainants as well as accused Jhabar Mal. The complainants were aggrieved from the order declining to take cognizance against non -petitioner Nos. 2 to 5, while Jhabar Mal accused was aggrieved by the order taking cognizance against him. Both the revision petitions were heard and disposed of by the learned Sessions Judge by a common order. After making elaborate discussion of the relevant material and evidence and taking into consideration all the relevant facts and circumstances, the learned Judge rejected both the revisions by order dated, September 28,1995.

(3.) SECTION 397 of the Code confers upon the High Court and Sessions Judge, the power to call for and examine die record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceeding of such inferior Court. Sub -section (3) creates a bar for a second revision by the same party. It reads as under :