JAMNA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition under Section 397 read with S. 401, cr. P. C. has been preferred against the order dated 23-5-2006 passed by Additional sessions Judge, Hindaun City in criminal revision petition No. 29/2006 whereby the order dated 17-3-2006 of Addl. Chief Judicial Magistrate, Hindaun City has been set aside and the matter has been remanded for further inquiry and for passing a fresh order in accordance with law.

(2.) THE brief facts giving rise to the present revision petition are that a written report was submitted by one Varun Singh on 19-4-2005 at the police station Hindaun City against the petitioners and one Nawab Singh regarding an incident dated 18-4-2005 wherein his cousin Satyapal had died. After investigation, the police filed a negative final report. The, respondent No. 2 Shiv Charan filed a protest petition. Learned Additional Chief judicial Magistrate, Hindaun City recorded the statements of witnesses under Sections 200 and 202, Cr. P. C. and by order dated 17-3-2006 dismissed the protest petition and accepted the negative final report. The respondent No. 2 filed a revision petition against this order. Learned Additional Sessions Judge, Hindaun City by the impugned order allowed the revision petition and remanded the case for further inquiry and for passing fresh order in accordance with law. Aggrieved by this order, the petitioners have filed the present revision petition.

(3.) HEARD learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the respondent No. 2.