SUSHIL KUMAR Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner Sushil Kumar against the order of learned Addl. Sessions Judge No. 2, Jodhpur dated 21.07.08 passed in criminal Revision Petition No. 02/2008 by which the learned Sessions Judge reversed the order passed by the Judicial Magistrate No. 3, Jodhpur in F.R. No. 208/07 in FIR No. 491/07 dated 07.12.07 by which the learned Judicial Magistrate accepted the FR and rejected the protest petition.

(2.) The brief facts of the case are like that,-It is revealed from the record that non-petitioner No. 2 Sajjan Raj filed a complaint under section 467, 468 and 471 Penal Code against the present petitioner alleging therein that the petitioner filed a forged medical certificate in civil proceedings to get opportunity to produce evidence. It is further revealed that the said complaint was sent for investigation to the concerned police station and the police, after usual investigation, gave a negative final report. The complainant made a protest petition requesting the learned Judicial Magistrate to send the matter for further investigation. The learned Judicial Magistrate, vide order dated 07.12.07 accepted the FR and rejected the protest petition. Against that the complainant non-petitioner preferred a revision before the court of learned Sessions Judge, Jodhpur, who transferred the said revision petition to the learned Addl. Sessions Judge No. 2, Jodhpur. The learned Addl. Sessions Judge, after hearing the petitioner as well as the learned Public Prosecutor, set aside the order dated 07.12.07 passed by the learned Judicial Magistrate No. 3, Jodhpur and directed the Judicial Magistrate to send the matter to the police for further enquiry, vide impugned order dated 21.07.08.

(3.) Being aggrieved by the said order, the present revision petition has been filed. Notice of revision petition was issued, record of the case was called and arguments were heard.