SADHU MAHARAJ & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under section 482 Crimial P.C. is filed by petitioners Sri Sadhu Maharaj Mahant Sri Sunder Dasji and Shri Sadhu Maharaj Shri Hanuman Das ji against the order of learned Munsif and Judicial Magistrate, Jodhpur : District whereby he took cognizance against them under section 454 Penal Code on the complaint of non-petitioner No. 1 Sri Babulal.

(2.) It was argued by the learned counsel for the petitioners that the facts as disclosed in the complaint did not disclose any offence under section 454 TPC. A preliminary objection is taken on behalf of the non-petitioners that petition under section 482 Cr. P. C. is not maintainable because the order taking cognizance by a Magistrate is revisable and the petitioners unsuccessfully availed of that remedy. The inherent powers cannot be exercised in regard to matters specifically covered by the other provisions of the Code. On the other hand it is argued by the learned counsel for the petitioners that the provisions which bar the exercise of revisional jurisdiction would not in any way affect the exercise of inherent powers, and it cannot be said that application under section 482 Cr. P. C. is not maintainable in view of bar contained in section 399(3).

(3.) I have considered the rival contentions carefully. At this stage it would be useful to notice the various authorities cited at the bar on behalf of the parties.